General Liability Losses
What to do when an Incident/Accident Occurs
While not an exhaustive list, the following information is provided to assist you should a loss occur. Nothing contained within this material should be construed as providing legal advice nor does it imply coverage will be afforded. Every claim submitted must be reviewed and evaluated based upon the applicable policy of insurance and the facts of loss.
- Contact emergency personnel if necessary.
- Identify any potential witnesses. Secure their name(s), address and telephone number.
- Make no commitments for payment. Do not discuss fault or blame at the scene.
- Do not discuss the details of the loss with any party representing the injured person without first consulting with your insurance agent, claim adjuster or legal counsel.
Slip, Trip & Fall Accidents:
- If possible, request the injured party show you the location of the fall and attempt to identify any claimed hazard that may have contributed to the fall.
- In the event a physical defect is found that may be an ongoing hazard, take reasonable and necessary steps to repair or remove it, posting temporary warning notices, if appropriate.
Animal Related Incidents:
- Verify when, where and how the incident occurred and whether or not the animal was supervised and/or restrained at the time of incident.
- If appropriate, locate veterinary records to document current rabies vaccine.
- Determine the food eaten. If possible, secure and preserve the item with its original container or service dish. Identify the supplier of the product.
- If applicable, determine how long the injured party had the food in their possession prior to consuming it.
- If the consumer alleges an adverse reaction, determine whether or not more than one person consumed the product and if so, whether or not anyone else suffered similar or different symptoms.
Property Damage Losses:
- Secure and preserve any damaged/defective product (i.e. HVAC condenser, furnace, hot water heater, piping, etc.) that you are requested to remove and replace from a customer’s premises.
- If appropriate, photograph the scene prior to initiating any repairs to your work product.
- Determine whether or not any other contractor(s) performed work at the premise.
- Keep all work and maintenance records concerning the work you performed.
- Identify any tools, equipment or machinery that may be defective, and which may have caused or contributed to the loss. Keep all records relating to the purchase and maintenance of the items.