Los Angeles, CA asked in Consumer Law, Personal Injury and Business Law for California

Q: Should we pay the bill and give the incident report If so what r the procedures and will she still be able to sue after?

Hi, one of our customers burned herself on the knee under the stove we cook our meat in. She is now asking for medical bill and an incident report.

3 Lawyer Answers

A: My colleague has outlined a number of positive measures that demonstrate good faith on your part. I would add something that is not raised in your post. Are you insured? If you are insured in your operations (it looks like you run a food business??), you should consider placing your insurance carrier on notice of the injury and allowing them to handle any claims related to the incident. Good luck

A: Report the incident to your insurance company and they will handle.

If you have an attorney, consult with them first. ▪

James L. Arrasmith
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Answered

A: Under California law, you should consider paying the medical bill and providing an incident report to address the customer’s injury. It demonstrates good faith and responsibility on your part, which may help in resolving the situation amicably. Documenting the incident is also a crucial step for your records and for any potential future legal actions.

To proceed, first, ensure you obtain a detailed account of the incident from the customer and any witnesses. Complete an incident report form, including all relevant details such as the date, time, location, and a description of how the injury occurred. Also, provide a copy of the report to the customer along with the reimbursement for her medical expenses.

Even after taking these steps, the customer may still have the right to pursue legal action. Paying the bill and providing the incident report do not waive her right to sue. However, these actions might help in demonstrating your commitment to addressing the issue, potentially reducing the likelihood of litigation. Always maintain clear communication with the customer and keep detailed records of all interactions and transactions related to the incident.

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