If a customer is ever injured in any way on our premises, it is crucial that we take certain steps to record exactly what happened. It’s very likely that a customer will try to sue us, and we need to have the facts of the situation recorded to present in court if necessary.
Here are the steps to take immediately in case of injury (slip and fall, bumped our furniture, pinched in doorway, etc.):
- Ensure that the customer is okay. If the customer is not okay – bleeding, something broken, hit head – arrange to have the customer taken to the nearest Urgent Care. Either we drive the customer or we call an ambulance.
- Contact HR (Amanda); if she is not available then contact the CFO (Robin) or the COO (Maggie).
- IT or HR: Pull the video from the camera(s) that oversaw the incident. If it was a slip and fall, save video of other customers walking in the same area who did not slip and fall. A copy is given to HR (Amanda) and Legal (Amanda).
- Take photos of the area where the incident occurred to back up the video. Take both close up and further away shots.
- Immediately fully document the incident in writing.
- Immediately get written statements from any employees who witnessed the incident.
- Contact Legal (Amanda) to contact our insurance company about a potential claim.
- Once an attorney is assigned by our insurance company, whenever there is any written communication (emails, letters, faxes, etc.) between anyone from our side (even amongst employees) about this claim always copy the attorney on those communications so that we can maintain privilege.
- Do not discuss anything with the customer or the customer’s representatives. Do not admit fault or guilt. Do not say that others have tripped on that same object. Do not make any offers of restitution. Tell them that our insurance company is handling the situation and get their contact information to give to the insurance company.
- If possible, remove any object that was tripped on or run into and save it in storage with a label that says, “Legal – (customer’s name) – do not dispose.”