I was washing a car in the customer’s driveway. Foam ran down the slope. The customer walked out to check the progress, stepped in the foam, slipped, and broke their wrist. They are suing for medical bills and lost wages ($40,000).
Key Takeaways
- General Liability Core Coverage: This is the exact scenario General Liability exists for. “Bodily Injury to Third Party arising from Operations.”
- “Medical Payments” (MedPay): Your policy likely has a MedPay limit (e.g., $5,000) that pays out quickly without admitting fault. This can stop a lawsuit early.
- Safety Cones are Mandatory: If you didn’t put out “Wet Floor” cones, you are negligent. If you did, you have a defense (“Assumption of Risk”).
- Mobile Operations Endorsement: Ensure your GL policy covers you at “locations not owned by you” (the client’s home).
The “Why” (The Trap): Negligence
You created a hazard (wet, soapy driveway).
You failed to warn the victim.
Therefore, you are liable.
Defense: If the customer ignored your warning or walked into a clearly marked work zone, their “Comparative Negligence” reduces your liability.
The Investigation: “I Called Them”
I simulated a driveway slip claim.
1. General Liability (Next Insurance)
- Verdict: Covered. This is a standard claim.
- Process: They interview the customer and pay the ER bills.
2. Homeowners Insurance (Customer’s)
- Verdict: They might pay the customer first, but they will subrogate (sue) your business GL policy to get reimbursed.
Comparison Table: Slip and Fall
| Factor | No Cones | With Cones |
| Liability | 100% You | Shared/Reduced |
| Defense | Weak | Strong |
| Premium Impact | High | Medium |
Step-by-Step Action Plan
- Deploy Cones: First thing out of the van. Put a bright yellow cone at the top and bottom of the driveway.
- Incident Report: If they fall, document it immediately. Take photos of the cones. Ask “Are you okay?” but do not say “It’s my fault.”
- Call Insurance: Notify them of a potential BI (Bodily Injury) claim immediately.
- MedPay: Offer to have your insurance pay the ambulance bill via MedPay coverage. It shows goodwill.
FAQ
Q: What if they are wearing flip-flops?
A: Document that! “Improper footwear” contributes to the fall and helps your defense.
Q: Can I use a “Hold Harmless” waiver?
A: You can try, but courts rarely uphold waivers for gross negligence (creating a soap slick). Insurance is better.
[IMAGE: Photo of a driveway setup with yellow “Caution: Wet Floor” cones clearly visible.]