However, the floor was slippery when comparative tests were conducted using leather, rubber and the urethane foam material, with coefficients of friction ranging from 0.23 to 0.28. After a rather lengthy trial, the jury found that the plating company should have warned the plaintiff, through his employer, that there was a slipping hazard and that safety boots were necessary. The jury also found that the security guard was negligent by not warning the plaintiff of the actual hazard as well as the potential slipping hazard known to exist in the area of the fall. Liability is also commonly encountered in non slip and fall cases where injury results from the failure to require hard hats, ear or eye protection or other safeguards. To document the defendant's knowledge of the hazard and risk of injury, request production of safety manuals, written safety policies and bulletins, posters and signs, as well as OSHA and other safety agency investigative reports.
Large companies have a safety engineer or a safety director who keeps minutes of safety meetings.
These minutes can be helpful in establishing recognition of the hazard under conditions existing at the time of the accident, and thereby notice. This can offer several fruitful areas from which to acquire evidence. 617.1 Coworkers and Supervisors Coworkers often witness workplace slip and fall accidents. In many cases, these witnesses were aware of the hazard before the accident. Formal witness statements are very helpful in establishing the facts of the accident and notice.