What to Do (and Not to Do) After an Accident on Your Property

On-site accidents are a major legal risk for business owners. Imagine a customer slipping near your store entrance or a guest cutting their foot on a cracked step at your rental property. While your first instinct may be to fix the issue that caused the accident immediately, doing so can make a later personal injury lawsuit harder to defend. The steps you take in the hours and days after an accident can make the difference between success and failure in litigation. Here is what our North Carolina personal injury defense attorneys generally advise clients to do — and not do — after accidents on their properties. 

How Does Premises Liability Work in North Carolina? 

Lawsuits based on on-site accidents at a business generally fall under premises liability. At a high level, North Carolina law requires property owners to exercise reasonable care to keep their premises safe for lawful visitors and to warn visitors of hazards they know about or could have discovered through reasonable inspection. Many such cases often focus on what the owner knew, what the owner should have known, and what the owner did. Key questions may include: 

• Did the hazard exist long enough that the owner should have discovered it? 
• Did the owner have and follow a reasonable inspection and maintenance routine? 
• Was the danger open and obvious to someone paying attention? 
• Was the injured person partially at fault for the accident? 

The answers to those questions are evidence, and most evidence is created—or lost—in the hours or days after an accident. For example, photos of the scene, surveillance videos, inspection logs, and witness statements can show that a property owner acted reasonably or that a guest acted unreasonably. If a business owner can’t produce that evidence, they may be at a disadvantage in defending themselves in a later personal injury action. 

What Should You Do After an Accident on Your Property? 

Every accident is different, but property owners generally should take the following steps after an accident: 

Attend to the Injured Patron 

Check on the injured patron and help them obtain medical attention, if needed. Prompt attention reflects well on defendants and can burnish their image before insurers, judges, and juries. 

Document the Scene Before Changing Anything 

Take photographs and videos of the area where the accident occurred, including the specific hazard that caused the accident, the lighting around it, the weather, and any warning signs that may have been present. Capture all of this from multiple angles, and do so before anything is moved, repaired, or cleaned. 

Identify Witnesses

If anyone saw the accident happen — employees or other patrons — get their names and contact information. Memories fade quickly, and witnesses become harder to find as time passes, so it's critical to get this information as soon as possible after an accident. 

Complete an Accident Report

Write down the date, time, location, conditions, and parties present while the details are still fresh. Stick to the facts — avoid including guesses about what caused the accident, opinions about who may have been at fault, and speculation about the nature or extent of the patron’s injuries. 

Preserve Relevant Evidence 

Many businesses use surveillance systems that automatically delete footage after a set period. Be sure to stop that process for the relevant time period. Also keep (or locate): 

• Inspection, maintenance, and cleaning logs
• Work orders and repair records
• Prior incident reports and/or complaints
• Employee schedules from the time of the accident
• Any physical items involved

Speak with a North Carolina personal injury defense attorney to learn how to preserve evidence after an on-site accident. 

Notify Your Insurance Carrier

Many liability policies require their insureds to provide timely notice of incidents that could lead to claims. Waiting too long to report an accident could jeopardize your coverage.  

What Should You Not Do After an Accident on Your Property? 

While every accident is different, there are a few things you should not do regardless of the circumstances of an accident: 

Admit Fault

While it may seem obvious not to admit fault, “admitting fault” is not always explicit. For example, statements such as “I’ve been meaning to fix that” or “that happens all the time” can easily be used against you as admissions of fault. Something more along the lines of “I’m sorry this happened, and I want to get you the help you need” is a safer bet. 

Destroy, Alter, or Discard Evidence 

Even well-meaning cleanup or repairs in the immediate aftermath of an accident can weaken your defense in a later personal injury claim. Furthermore, destroying or discarding relevant evidence can lead to allegations of spoliation, for which courts can impose sanctions or instruct a jury to assume the evidence at issue was unfavorable to you. 

Discuss the Accident on Social Media 

Social media posts — including those made by your employees — are discoverable in litigation and can be used against you. Avoid posting about the incident on social media, as even deleted posts can give rise to negative inferences. 

Promise Payment 

Offering to cover medical bills or compensate an injured patron may seem like the right thing to do, but it could be used as an admission of fault in a future personal injury action. Speak to your insurer or a North Carolina personal injury defense attorney before making such arrangements. 

Assume That No Injury Means No Claim

Injuries often appear days or even weeks after an accident occurs, and the statute of limitations for personal injury claims in North Carolina is three years. As such, just because there is no obvious injury does not mean you are off the hook. 

Protect Your Business With Help From a North Carolina Personal Injury Defense Attorney 

The actions you take immediately after an accident on your property can make or break your defense in a future personal injury action. For more information about protecting yourself from personal injury suits, please contact a North Carolina personal injury defense attorney at Harris, Creech, Ward & Blackerby. Call 252-638-6666 or use our online contact form.