Occupiers’ Liability exposures are moderate due to the number of clients at the facility. A high standard of care is required when health care services are provided. Sterile conditions must be maintained, privacy provided and client contact limited to required personnel. Aftercare must also meet the appropriate standard of care for the procedure performed.
Aisles and walkways must be adequate and free of hair clippings and debris. Floor coverings must be in good condition with no frayed or worn carpeting. Floors should have no cracks or holes. Exits must be adequate in number, well marked and with backup exit lighting provided in case of power failure. Tanning beds, massage, and electrolysis services must be conducted properly and controlled in an appropriate manner. Tanning services may require the use of specialty insurance markets because of the relatively unknown loss potential from long-term exposure to radiation and the possibility of contracting cancer and related diseases. If all or most of the professionals providing services at the spa are independent contractors, the insured’s responsibility is similar to a general contractor’s responsibility to its subcontractors. In these cases, injuries to independent contractors are part of the Occupiers’ Liability exposure and are not workers compensation exposures.
Parking lots and sidewalks need to be in good repair with snow and ice removed promptly. They should be level and free of exposure to slip and falls. Security of visitors in parking areas is often deemed the responsibility of the owner or operator of the premises. Factors to consider include exterior lighting, fencing, and any other security measures.