In the State of Florida, children are the unfortunate victims of injuries and accidents on a far too common basis. When an incident takes place at a business, park, playground, hotel, resort, shopping mall, or amusement park, the incident should be reported to a staff member. The parents or adults supervising the child at the time should write down the name write down the name of the staff member and take photos and videos of the scene of the incident if it is practical to do so. Often times, a parent or guardian after an incident takes place will request an incident report. Some businesses and property managers gladly provide an incident report to document that an incident took place. Other businesses and property managers, however, faile to or refuse to provide an incident report. Many businesses will cite the work product privilege as a basis for withholding the distributon of the incident report. In the State of Florida, a business may argue that it has the right to to investigate and collect information regarding an incident in anticipation of litigation.
Because of the complexity of child injury cases, it is advisable to contact the Florida Child Injury Lawyer for advice, consultation, and legal representation. Another point to make regarding incident reports is that when they are provided a parent should be careful about signing the incident report especially if the incident report is written up by the business or property manager The best practice in obtaining incident report may be to refuse to sign off on it but agree to accept a copy of the incident report as written up by the business or property owner. Alternatively, the parent or guardian may sign the incident report and document that the parent or guardian is merely acknowledging receipt of the incident report rather than verifying all relevant facts to the incident itself.
The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Shopping Mall and Business Incidents, Amusement and Theme Park Injuries, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.