When an incident occurs, the actions you take immediately afterward can make an important difference in the claim process. This guide is designed to help individuals and businesses respond promptly, preserve key information, and report potential liability claims to the appropriate insurance or legal contact as soon as possible.

Even if an injury or claim does not seem serious at first, timely documentation and notice can help protect your interests and support a more efficient claims investigation.

What to do after an incident:

• Obtain the names and contact information for all involved parties, witnesses, and employees (include addresses and phone numbers).
• Obtain the names and contact information for any authorities investigating the incident.
• Inspect the area surrounding the loss for any visible hazards, debris, etc. (a photographic or video record of the area is also encouraged) and save/preserve all objects of evidence.
• In the event of a slip, trip or fall, take note of the injured person’s footwear, clothing, and eyewear.
• If the incident was captured on surveillance video, save the video from the day before the incident, the day of the incident, and the day after the incident, if available.
• Neither you nor your employees should discuss the incident or claim with anyone except appropriate authorities, your insurance carrier or claims representative, your agent, or legal counsel.
• If log books exist, save them.
• If incident reports exist, save them.
• Keep all time cards/payroll records for employees working on the date of loss.

What to do if you are sued:

• Identify the specific individual or individuals who accepted service of the Summons and Complaint on behalf of the person or organization named in the lawsuit.
• Retain all documents, including post-marked envelopes, and immediately record the date of service on these documents.
• If the service of the suit is your first notice of the claim, immediately report the claim to your insurance agent or carrier and provide a copy of the summons and complaint.
• If the service of the suit takes place after you have reported the claim, immediately contact the claims representative handling your claim. If you do not have this information, contact your insurance agent or carrier right away and provide a copy of the lawsuit documents.
• Neither you nor your employees should discuss the incident or lawsuit with anyone except your insurance carrier or claims representative, counsel assigned to defend your interests, your personal counsel, or appropriate authorities.

Prompt action, clear documentation, and timely communication are essential to protecting your interests after a liability incident or lawsuit. If you have questions about what to preserve, how to report a claim, or who to contact, please reach out to your agent as soon as possible so they can help guide you through the next steps.

Editor’s Note: This story was written by Illinois Casualty Company, the exclusive preferred vendor of the Pennsylvania Licensed Beverage and Tavern Association for liquor liability insurance. As a Pennsylvania Licensed Beverage and Tavern Association Member, you may be eligible for up to a 10% discount on businessowners and liquor liability policies designed for businesses that serve Pennsylvania’s hospitality community. It is one more way your membership can help protect your establishment, your employees, and the business you have worked hard to build. Visit www.ilcasco.com to connect with a local agent who understands the needs of beverage licensees and can help you explore coverage options for your business.