Personal injury lawsuits often hinge on the evidence created at the scene of the alleged injury. The ability of a business to dispute liability and assert proper defenses during litigation is often dependent on the steps taken immediately following an injury-inducing event.
Best Practices to Follow in the Event of a Lawsuit
To position themselves effectively for a potential lawsuit, businesses should follow these basic steps: deploying a control team, preventing further injury, avoiding harmful admissions, and memorializing the incident.
A reliable control team is essential for an effective incident response. This team should include a small group of well-trained management-level employees who understand the implications of their actions on a potential lawsuit. Keeping the control team to a few employees helps maintain a consistent response and reduces conflicting testimony in depositions.
In cases where a guest sustains an injury, it is crucial to mitigate the injury and prevent further harm. Seeking emergency help and allowing qualified medical professionals to assess and treat the severity of the injury is vital. Additionally, promptly isolating and remedying any hazards can prevent further injuries to other guests.
The control team should refrain from making incriminating statements and focus on attending to the injured guest and mitigating the hazard. It is important to avoid admitting fault or discussing the cause of the incident during this process.
After attending to the guest and the incident scene, a team member should prepare a detailed incident report to document all relevant information. This report serves as a valuable reference tool if the incident leads to a lawsuit. Saving video surveillance of the incident is also crucial for legal purposes.
Conclusion
All businesses should have a comprehensive employee handbook outlining policies to prevent accidents and ensure safety. Regular training on these policies is essential for effective implementation during emergencies. Proper response to injury-inducing events plays a significant role in successfully defending against personal injury lawsuits.
At the time of submission, Justin Gudio was an attorney at RumbergerKirk.
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