Stepping up to liability awareness
“What are you doing so high up on that ladder?”
Those words of caution have been spoken around homes for as long as there have been homes.
But in a hardware store, liability issues such as slipping, crashing, or falling off a ladder, can affect the owner’s livelihood and future – and of course the health and safety of team members and customers.
Liability is something that “stays in the back of my mind until something causes me to worry about it,” said Tom McKeithen, hardware store owner.
“Areas of concern include employee safety, like climbing a ladder, using a forklift, and using power tools; and customer safety, like slips and falls. Also, employee driving and delivery – and possible traffic accidents,” are all causes for concern, he said.
Tom McKeithen Jr. and his son Thomas III are the co-owners of McKeithen’s True Value Hardware store in Statesboro, Georgia.
Open almost five years, the business serves the town of Statesboro and Bulloch County, and caters to DIY homeowners, lawn service companies and property managers.
Being liable is not something McKeithen said he thinks about day-to-day.
“But when I see something a little dangerous, like an employee up on a ladder, it does make me wonder if we are adequately covered for accidents,” he said.
“We routinely use power tools in the shop for making keys and sharpening tools – and sparks and filings are flying around,” said this owner. “I’m obsessive about requiring eye protection, but that’s just a small part.”
Their hardware store has an “attic” that is only accessed by a ladder leading up into a small opening.
“You wouldn’t believe the stuff we have put up there including shelving, cabinets and bins full of overstock,” he said, “all through that little hole.” Then there are forklift operations, which have their own set of risks as well, he said.
This owner also pointed out the concerns that involve their customers.
He said that although everyone loves their store dog Athens, they have had customers’ dogs that come in and may get aggressive.
“I worry that there could be a fight and a dog or person gets injured,” said McKeithen.
And another liability is shoplifters or outright theft.
“We have not had to confront anyone in the store – but it is store policy that we do not try to detain anyone for our employee’s own safety.” But he said it was hard to say what would happen if someone was stealing and got caught red-handed.
“Smash and grab thefts are becoming more common and many of our employees are country boys who would likely not back down,” he said.
Liability bubble
Issues of liability have become a bigger topic today for hardware owners, but that shouldn’t be a surprise. As hardware store services and categories expand into housewares, rentals, deliveries and the outdoors, so too does the risk exposure.
The owner said liability issues for their hardware store have grown in the last two years as they have incorporated U-Haul rental into their business.
McKeithen said they brought in U-Haul as a way to increase foot traffic and add a revenue stream. And they rent 10-foot to 26-foot trucks, trailers, vans and car dollies.
“We are required by U-Haul to provide a photo of every trailer hookup,” he said. “We had one trailer that was improperly connected and it came loose within a half-mile of the store. It damaged the customer’s truck and we were responsible. Thank goodness there was no other damage to people, property or other vehicles.”
Technology plays a part in liability protection today.
McKeithen said they have cameras throughout the store and on the store exterior, “where we can review incidents. Also we use cell phones to document deliveries, loading, U-Haul trailer hookups and customer IDs.”
He hasn’t had any liability issues in his business yet, but offers some tips about hardware store liability protection and safety.
Mostly just use common sense, he said, “train employees well, make sure items are stacked correctly, particularly up high. Monitor employee’s use of power equipment. Review safety guidelines periodically.”
And, of course, will ya please be careful up on that ladder–
