Hi all - we have had an accident in one of the showrooms whereby the customer is planning to sue. The situation is now clear and is as below. He walked into one of the automatic doors. The automatic door was out of order at the time and a notice was displayed at eye level to say OUT OF ORDER, PLEASE USE OTHER DOOR with a directional arrow. The glass in which he walked displayed the sign but was also the side of the double door that wouldn't normally open. He cut his lip and had a red mark on his face. He became very aggressive with the staff at the time but they behaved very professionally and asked if he needed first aid assistance which he refused. They also advised of the issues which could come from a bump on the head i.e. Concussion accident book completed of which he took a copy. Two questions really - 1) do you think he would have a case in your opinion (I don't think so personally) and secondly, we have completed an accident investigation, made a few changes i.e. Door repaired and visual strips to be fitted to the doors. 2) do you have a template or can you point me in the right direction regarding witness statement format? Or would a signed note from the witness suffice?
as always - any help appreciated.

thanks paul will ask insurers.

thanks again

Daisy,

He probably will claim as this in the norm these days in retail - with regards handling of the situation e.g. first aid advice provided, aggression this make no difference what so ever to any potential claim.

A claim will succeed if it can proved you were somehow negligent which caused his injury - you wont know how to react until you get the letter of claims as this version will differ from the stores (most likely).

The key to this as I see it from the info provided is what does it say on the accident book copy? If any 'naivety' was shown in completing this and you have provided a copy, the injured person will simply provide this to his solicitor and a claim will but built around this information. The lesson being never provide documentation to third parties in these circumstances.

Phil, of course it make a difference to the claim how could it not? If info is provided/ documented that not been thought out then a claim will be built around this information and you could be on the back foot before you start any defense?

We've all seen accident book entries haven't we which are inaccurate due to little consideration being applied to what's been written down at the time.

Yes information must be disclosed when a claim is received but why disadvantage yourself especially as I note 'what had been written down at the time'.

Daisy,
To answer a question that you have not asked but is sort of implied;
I would suggest developing a procedure for accidents and incidents with a check list of what to do, what to fill in, where to record and who to contact. Provide it to each of your stores/outlets or whatever in a BIG RED FILE and brief staff. This could be a stand alone document or part of the Business Recovery Plan or whatever you currently have.
If you have this already then I misunderstood the question, if not, it's an idea,
Jim

thanks all - very useful information as usual - lots of ideas some in place some not so thanks v much.

Paul,
I am sorry that you saw fit to challenge my perhaps unfortunate choice of words. I was simply trying to explain what insurers might decide to do ahead of a formal claim being intimated.

You said in your second posting “….but I did state that there is very little that the company can do and so is best left to the insurers.”

As several other posters have commented the dutyholder/firm/business can still make a useful contribution ahead of any intervention by the insurer. For example, collecting witness names (and addresses or contact details), collecting statements, taking photographs etc. Providing guidance for local store management in what action to take in the event of an incident is a very worthwhile exercise.
Regards
Phil

Daisy,

Sorry for coming into the discussion so late, but I don't get much of an opportunity to take part in the Forum these days.

As somebdody who deals with legal issues on behalf of clients I have a number of points that I don't think have yet been covered but which nontheless may be of benefit to you:

i. It does matter what the format of the statement is if it is to be used in litigation. You can take a statement in any format you want and there are benefits in getting statements quickly, but unless it complies with the requirements of the Civil Proceedure Rules it will have to be re-drafted before it can be entered in evidence. This means having to go back to the witness, who by that stage may have changed their mind, refuse to give a second statement, etc. It would be better if the statement can be drafted correctly in the first place. Plenty of templates, etc. available on the internet and training is available in taking statements (may be available free from your insurer/solicitor).

ii. At the time of taking the statements you need to warn staff that in giving the statement they may be required to give evidence (by being cross-examined) in court.

iii. Witness statements must be fact only and they cannot include "expert" evidence or opinion.

iv. Statements taken by the company before solicitors are instructed to handle the claim do not carry legal privilege and therefore must be disclosed to the claimant whether or not you decide to use that witness.

v. I would therefore suggest that a lot of thought needs to be given and consultation undertaken with your insurer/solicitors before you develop any policy on taking statements.

vi. Finally, you should always be aware that anything you do that materially affects your insurer's ability to defend/manage a claim can give the insurer the right to avoid the claim. It is therefore well worth getting them on board re any policy/practice.

I hope this helps.

yes - all noted Bob and already covered, the manager put the sign up and we have now made sure all amangers aware and that all doors have the required safety strips where needed. the door was out of order and the engeiner arrived the following day. All doors all sites now covered and all in hand thanks for your help.