Over the last few weeks, you’ve probably noticed more and more people walking around with their smartphone in hand. The reason? Pokémon GO. A newly released mobile app, the game allows users to virtually hunt for Pokémon in the real world. This means there could very well be a Pikachu hiding on your business property!
But, are you covered if someone trips and falls on your property while trying to catch a Pokémon? The answer is it really depends.
Premises liability is part of your commercial package policy or business owners policy (BOP). This coverage will protect your business in the event that a customer is injured while on your property, even if you’re renting the building. However, there are exclusions to the coverage provided by premises liability, especially if you are found to be negligent.
If you own or manage a business, it’s your responsibility to consider the public’s safety. This means you need to take the proper precautions to ensure that your property doesn’t have any outstanding issues that could result in an injury to visitors.
For example, if your property is under construction, take care to fence in areas with sandpits or sinkholes. Construction sites, farm equipment, fountains and ponds, and holes are just a few of the ten most common attractive nuisances. To help mitigate the risk of a slip, trip or fall on your business property, Travelers suggests addressing the following hazards:
- Slippery surfaces, such as gloss-finished tile, polished stone, etc.
- Holes or surfaces in disrepair
- Uneven surfaces
- Changes in elevation
- Poorly marked and/or poorly lit walkway transitions
- Wet surfaces, including those caused by spills, poor drainage and inclement weather
Additionally, premises liability is third party coverage, which means if an employee is injured while on your property, they will be covered by workers’ compensation.
Remember that accidents happen. You can’t entirely eliminate the risk of someone falling, but you can take measures to ensure the safety of your business property. In the event that someone does injure themselves, regardless of whether they are searching for Pokémon be sure to promptly gather and document facts about the incident.
For more information on premises liability, contact McGrath Insurance Group at 508-347-6850 or firstname.lastname@example.org.
*This article is written for informational purposes only and should not be construed as providing legal advice.