Sometimes an accident is just an accident and you’re not liable. But you are liable if the injury is caused by your negligence – your failure to protect them from foreseeable harm. For example, say you know that your front entrance tends to form a slick sheet of ice in the winter. You know that’s a hazard that could hurt your customers. If you salt it (and maybe even put up a sign warning people), you’re doing what you should be to protect your customers. If you ignore it, you may be negligent and face liability.
When a customer is injured at your place of business, the first step is the same: make sure the injured customer gets necessary medical attention immediately. After that, the process is slightly different.
STEP ONE: INSPECT THE AREA WHERE THE ACCIDENT OCCURRED
Check out the scene of the accident. Is there snow or ice, faulty flooring, a snag on the carpet, a sharp piece of glass? Look at the area and document what you see, both in writing and in photos. Your visual evidence can help you defend against a court claim and help you correct any dangerous conditions in order to protect your other employees or customers.
If there is a dangerous condition, you should take immediate action to cordon off the area or otherwise keep people away from it.
STEP TWO: FOLLOW YOUR COMPANY PROTOCOL
You should have a system in place for dealing with injuries that happen on your premises. That should include collecting as much evidence as possible (like witness statements). That will also include taking a report from the customer and notifying your insurer. From there, the insurer will generally take the lead in contacting the customer and dealing with their claim.
Remember that a customer may choose to file a lawsuit rather than deal with insurance, at which point you’ll need to work with your insurer and attorneys to handle the matter.
What to Do When A Customer Is Injured By Your Product
If your product is inherently dangerous, has a hazardous manufacturing defect, or lacks the proper warning labels, it could injure customers. And you could be liable. But these injuries generally don’t happen on your premises, so you may not hear about them right away. The injured customer may report the issue to you directly or you may hear about it through their attorneys.
First, you’ll need to contact your attorneys and follow their advice. You should also investigate the matter immediately. Check out your products and, if need be, take them off the shelves or recall them to protect other customers from getting hurt.
From there, it’s generally in the hands of the attorneys and insurers.
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