Accidents happen!

This sanitized version of a well known aphorism is why you have general liability insurance in the
first place.

When a theatre patron has a slip and fall accident a fair and expeditious settlement serves the best interests of  all parties.
How you handle things at your end can help or hinder this settlement process.

Before considering the following suggestions, however, keep in mind that only in very rare
instances is a claim not settled which then turns into a drawn-out legal matter.

Since you have no way of knowing whether this will happen, it is always a good idea to hope for
the best while preparing for the worst.

Prevention An annual review of your theatre premises will help you identify and remove potential dangers.  Develop an emergency preparedness plan and train your volunteers to follow it.

Medical Attention When an accident occurs, assess the situation quickly, calmly and quietly.  Ask the injured person, repeatedly,  if she wants you to summon medical assistance.  Err on the side of caution.  If the situation is uncertain, call 911.  When emergency personnel arrive, let them handle the medical situation.

Collect InformationOnce the immediate medical emergency has been addressed, get the name, address, phone number and doctor of the injured person.  Note the name of the emergency service that has responded and to what hospital they are taking the injured person.   If possible, get the names, addresses and phone numbers of witnesses to the accident.  Ask  them to write a brief narrative.  If appropriate, get photographs of the area where the accident occurred.

File Claim Contact your insurance agent.  You can simply notify the agent of a potential claim or ask  him to file an actual claim.  Your agent is trained to know what to do.

Follow Up Keep a simple diary of details - names, dates, phone calls made and received, conversations conducted, copies of documents sent and received.

Instruct your people not to volunteer any information or opinions on their own.  They should  direct all inquiries to a designated representative of your group.

It is very rare that a claim remains unsettled and becomes a legal matter.  If it does, however, everything everyone ever said about the case can be introduced in court.

Once a claim has been filed, the insurance company will assign a claim adjuster who will contact you and give you their name and number.

Once assigned, refer all inquires to the adjuster.  Do not try and do his job for him.  The adjuster is being paid by the insurance company to handle the claim on your behalf.

Since most claims are settled quickly chances are some of the things outlined above will not be needed.  However, being prepared, being thorough and paying attention to details  are the best ways to avoid a calamitous claim.
 

For more information about accident prevention and emergency preparedness,
see Cents and Common Sense, a series of articles available in the archives
section of our website. Use the BACK BUTTON below to access index of articles.

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