Every business should have a procedure in place for responding to customer injuries on its premises. If the business is immediately notified of an injury, an employee should prepare an incident report either while the injured party is present or shortly thereafter. Anything an injured person says or does may be included in that report. Businesses generally do not release copies of incident reports, though inexperienced employees may mistakenly do so if asked. In some cases, obtaining a copy of the report can provide valuable leverage to resolve a claim in months rather than years.

Questions of fault typically involve a two-stage analysis. First, whether the risk was obvious, or should have been obvious, to the patron prior to the injury. When a hazard is open and obvious, the patron may bear partial responsibility. Second, whether the business could reasonably have been expected to eliminate the risk before the injury occurred. This determination often depends on whether the hazard was temporary or permanent in nature. If temporary, the business generally bears the burden of proving it took reasonable measures to maintain the premises in a safe condition.

Lastly, many injuries on commercial properties stem from violations of OSHA (Occupational Safety and Health Administration) regulations. OSHA governs numerous engineering and safety standards that are reflected in building codes and construction requirements. Consulting a lawyer at an early stage is critical to identifying regulatory violations, controlling the narrative, and implementing strategies that mitigate financial risk.