Alabama Grocer 2023 Issue 3.indd

INDUSTRY NEWS

CONSCIOUS EFFORTS EARLY

Paul DeMarco Alabama Grocers Association Partner Parsons, Lee & Juliano, PC CLAIMS PREVENTION & LITIGATION IS A MARATHON NOT A SPRINT IN ALABAMA GROCERY BUSINESS

Anyone that is a long distance runner knows to pace themselves for the long haul ahead to make it to the finish line. In Alabama, the law provides for a two year statute of limitations to file a lawsuit for personal injuries against an alleged individual or business for whom allegations have been made. First and foremost the safety and well being of anyone injured must be addressed. Taking care to prevent accidents is essential, but assisting someone that may need emergency medical treatment is the most important responsibility of any business owner. However, once the immediate situation is addressed then a premises owner has to have the mentality of a marathon runner when addressing what may have occurred. Of course, if there is a hazardous condition it must be cleaned up or repaired to ensure there is no a longer a hazard. It is then incumbent to photograph the scene of the incident both from a wider angle and from up close. This will help preserve the images of what may or may not have occurred that would be hard to recall years later. In addition, more than ever clear video of an incident should be preserved that would show how exactly how the incident may have happened.

The thirty minutes before and after an accident should also be saved for future review. The video should be put kept permanently and in multiple locations to ensure they are available at a later date. Once photographs and videos are now retained, it is important to prepare detailed documentation of what occurred and who may have relevant knowledge. The more information that is provided makes it easier to locate potential witnesses and those who can relay the facts from the date of the incident. This means taking down addresses, phone numbers and even email addresses to able to contact someone if needed. It is also helpful to ask for written statements to assist someone in recalling their knowledge at a later date. If there is actually a product or merchandise that was involved with the incident it should also be maintained, labeled as “evidence” and kept in a place it will not be disregarded. If the incident was due to a roof dripping, leaking plumbing or coolers, or a pothole in the parking lot, have it repaired and document a request was made and keep all communications about such request.

After the investigation is complete, it is important that everything related to the incident is now in a place that it can be located if the incident results in litigation. When the dust settles after an incident, it is important to know that it could be two years later before a lawsuit could be filed and thus, a comprehensive investigation, when an incident occurs will help in the future. And just like in a marathon race, conscious efforts early will pay dividends at the end. Paul DeMarco is a former member of the Alabama House of Representatives, serves as general counsel of the Alabama Grocers Association and can be found on Twitter @ Paul_DeMarco

14 | ALABAMA GROCER