This story appears in the
October 2004 issue of
Entrepreneur.
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It was a rainy day, and your floors were wet from dripping
umbrellas. The customer who slipped didn't appear to be
injured; she refused medical attention and insisted she was fine.
In minutes, the whole thing was over-or so you thought. But a few
months later, she's suing for medical costs plus pain and
suffering. And because you didn't make any notes, your
insurance company has to try to defend you without any
evidence.
Proper documentation at the time could have put you in a much
stronger position. If a situation occurs and you think there's
any chance that an attorney might become involved, document the
incident, advises , an attorney and mediator based in Anaheim Hills,
California. "Documentation gives you the ability to cut off
[bogus] claims early and to settle cases [you're liable for]
more quickly," Searle says.
He recommends establishing a policy so employees know when and
how to report and document an incident. As part of the procedure,
get statements from everyone involved and all witnesses. Ideally,
each should write the report in his or her own words, and sign and
date it. Don't attempt to influence the content of
statements.
In cases of personal injury or property damage, take
photographs. Preserve security tapes that may have recorded the
incident and any physical evidence, such as damaged equipment.
Store your documents in a secure place. If you ever need the file,
your records will significantly increase your chances of a
successful defense.
Jacquelyn Lynn is a freelance business writer in Orlando,
Florida.