By: Chad Engle, Loss Prevention Manager and Safety Specialist
Many incidents occur that never result in a liability claim. However, when an injury or property damage occurs on county-owned property or during county operations, it is important to recognize that a claim could arise weeks, months, or even years later. The actions taken immediately after an incident can significantly impact a member’s ability to accurately understand what happened and NIRMA’s ability to defend the member if a claim is ultimately presented.
A fundamental principle in risk management is that evidence is perishable. Memories fade, witnesses become more difficult to locate, weather conditions change, repairs are made, and physical evidence can disappear. Information that may seem readily available today may be impossible to obtain later when it is needed most.
Document First, Decide Later
When an incident occurs, members may hesitate to investigate because they believe a claim is unlikely or because the injured person has not indicated any intention of seeking compensation. Unfortunately, waiting until a claim is filed can place the organization at a significant disadvantage.
Timely documentation helps preserve critical facts, including:
- The name and contact information of the injured person
- Names and contact information of witnesses
- Surveillance video and photographs of the location and surrounding conditions
- Weather and environmental conditions at the time of the incident
- Measurements, diagrams, and descriptions of the scene
- Incident reports, notes, emails, and other relevant documentation
- Information regarding any conditions or circumstances that may have contributed to the incident
Gathering this information promptly helps ensure the facts are captured accurately while they are still fresh and readily available.
Identifying Corrective Actions
Investigations may also reveal hazards, maintenance concerns, or operational issues that can be addressed before another incident occurs, reducing the likelihood of future injuries and claims.
Make Incident Documentation a Standard Practice
It is no accident that Best Safety Practice #3 in NIRMA’s Best Safety Practice for Members is to Investigate and document all incidents and events that may lead to a loss or injury.
This does not mean the organization is admitting fault or anticipating litigation. Rather, it reflects a commitment to preserving facts, protecting public resources, and practicing sound risk management. Delayed responses to incidents can inflate claim costs and increase litigation and liability risks, and this is undesirable to both the member involved and our pool as a whole.
NIRMA members can find resources to assist with incident investigations by visiting the NIRMA website and navigating to Resources > Inspection Forms and Checklists, where the Incident Investigation Checklist is available. The checklist outlines the information that should be gathered whenever an incident occurs that could potentially lead to a liability claim. This page also contains links to other forms/reports that can be used to collect information about incidents that may lead to claims.
Taking the time to document an incident today may make all the difference if questions arise in the future. The best time to gather information is immediately after an incident-while facts are fresh, conditions are unchanged and evidence is still available.
If you are unsure of what to do, please do not hesitate to reach out to NIRMA and speak with a safety specialist or claims adjuster, we are always here to help.
