What Tort Claims Are—and Your Role in Preventing Them

Most of you have probably seen or heard the “If You See Something, Say Something” public awareness campaign that encourages people to report suspicious activity to the proper authorities. For example, you see someone leave an unattended suitcase in the airport; or someone taking a picture or video of critical infrastructure or security checkpoints. That same type of vigilance could help the Exchange in a big way when it comes to tort claims.

What is a tort, you ask? You’re probably thinking of the dessert, something like a cake, right? Actually, that’s a “torte.” A tort is a civil wrong that leads to one party being injured, leading to legal lability for the wrongdoer, or “tortfeasor.” Think “slip and fall” or car accident. If you’ve been involved in a car accident, then you were party to a tort. It’s a wrongful act (not a crime), that allows the injured party to sue the person that caused the harm. So what does this have to do with “See Something, Say Something?”

Did you know one of the biggest torts that occur at Exchange facilities are slips and falls? How many times have you been eating lunch, got up to refill your soda and saw a wet spot or ice near the drink machine? Did you notify a worker or even clean the spill yourself? Did you ask for a “wet floor” sign to be placed near the hazardous condition? Did you see something and say something? Chances are, someone’s going to slip on that spot, and in too many cases, we’ve had customers slip, fall and sue the Exchange.

Obviously, there are times when our associates did not have a chance or opportunity to see the hazardous condition and mop up the spot, but if the injured party proves there was a condition that should’ve been but wasn’t rectified, we could be on the hook. This could lead to a tort claim, where now the claimant will be able to sue the Exchange for personal damages. We’ve even had a tort claim where the Exchange ended up paying damages to a shopper who slipped on a hanger near a clothing section. Had someone simply picked up that hanger, this tort could have been avoided.

Another too common tort is when Exchange associates are at fault in motor vehicle accidents. I get it, sometimes accidents are unavoidable. However, if the accident is the associate’s fault, and due to his/her negligence, you can bet we’re paying for that tort claim, which could involve many thousands, if not hundreds of thousands, of dollars in not only property damage, but personal injury as well. And unlike what happens when you’re personally involved in a car accident and your personal insurance kicks in, the Exchange is self-insured, which means anything we have to pay comes straight from our own coffers.

So next time you’re driving to your TDY location, or making a delivery, be extra vigilant, stay off your cellphone and remember that any accidents caused by you are hurting the Exchange’s bottom line. And if you see something that might look like an accident waiting to happen–“see something, say something.”