Incident Investigation and Preserving Evidence After a Slip or Trip at Your Property

When a guest trips or slips in your restaurant or hotel in New York City, prompt, methodical incident investigation and evidence preservation are crucial. Proper handling protects guests, reduces liability exposure, preserves insurance coverage, and increases the chance of a successful defense if a claim is filed. This guide explains exactly what to do, who should act, timelines, costs, and vendor options tailored to hospitality operators in NYC (applicable across the USA).

Why quick, documented action matters

• Medical needs come first. Ensuring the injured party receives care reduces harm and demonstrates reasonable care.
• Evidence decays fast. Foot traffic, cleaning, weather, and employee actions can erase or alter critical evidence within minutes or hours.
• Insurance and defense hinge on documentation. Insurers and defense counsel rely on photographs, video, witness statements, and chain-of-custody documentation to evaluate and defend claims.
• Industry data shows fall-related injuries impose large costs—older-adult falls alone resulted in about $50 billion in direct medical costs in recent national reporting, underscoring the potential financial impact of a single serious incident (CDC). Source: CDC

Immediate 0–30 minutes: First response checklist

1. Ensure safety and provide first aid or call EMS if necessary.
2. Assign a staff member (preferably a manager) to secure the scene:
   • Keep the injured person as comfortable as possible.
   • Prevent alteration of the area (do not mop, move furniture, or dispose of spilled substances).
3. Capture time-stamped photos and video of:
   • Entire scene with context (entrances, stairs, mats, slope).
   • Close-ups of hazard (liquid, loose tile, frayed mat).
   • Lighting, shoe treads or debris, and any warning signage.
4. Take immediate witness information (name, contact, brief statement).
5. Log the incident time, responding staff, and any immediate remedial actions (e.g., “cordoned area at 12:14 PM”).

Detailed evidence-preservation steps (30 minutes–24 hours)

• Photographs & video
  • Take multiple angles and distances; include an object for scale (pen, napkin).
  • Preserve CCTV footage by noting camera ID, time range, and requesting retrieval from the video system immediately.
• Secure physical evidence
  • If footwear, napkin, or a broken fixture is relevant, store items in a clean, labeled bag with date/time and handler initials.
• Witness statements
  • Get signed short statements where possible; if not, record contact info and a short written account.
• Chain of custody
  • Maintain a written log for any evidence removed or transferred (who, when, why).
• Repair and remediation documentation
  • If a hazard is corrected (mopped, repaired), photograph and document the action, who performed it, and why.

Who should do what

• On-duty manager: lead response, secure scene, call EMS, document.
• Housekeeping: preserve hazards until photographed, then remediate as documented.
• Security/IT: preserve and export CCTV footage immediately.
• Owner/GM: notify insurer and legal counsel promptly.

Surveillance & digital evidence: best practices

• Act fast to preserve CCTV. Many systems overwrite footage within 7–30 days; cloud systems may retain data per subscription plan.
• Ask your video vendor to export an uncompressed video file with metadata. Note: consumer cloud providers have different retention/pricing models—Ring Protect plans start at $3/month per device or $10/month per location; that affects stored footage availability for small restaurants Source: Ring support.
• Record GPS/time drift and ensure exported footage is stamped with server time.

Forensic testing and expert use

• Typical uses:
  • Forensic flooring coefficient of friction (COF) testing.
  • Material analysis for footwear vs. surface interaction.
  • Medical expert review of injuries.
• How to engage:
  • Preserve samples (tile, mat) before repairs.
  • Hire accredited labs or experts familiar with ASTM/ANSI testing protocols.

Chain of custody: short template

Typical costs and vendor options (NYC hospitality context)

Below is a practical view of services you may need after an incident and ballpark pricing to budget. Prices change by vendor and market—confirm with providers.

Notes:

• Legal defense and counsel costs vary dramatically; defense counsel in major metro areas (New York City) frequently bill $300–$700+/hour depending on firm and complexity.
• A single substantial slip-and-fall claim can cost tens of thousands in medical and legal costs; nationwide fall-related medical costs exceed billions annually (CDC).

Working with insurers and counsel

• Report incidents as required by your policy—do not admit fault.
• Provide insurer with preserved evidence and contemporaneous incident log.
• Engage defense counsel early for guidance on evidence retention, especially for severe injuries or when litigation is likely.

Prevention and long-term risk-reduction (invest to save)

A documented investment in prevention reduces the frequency and severity of incidents and strengthens defense. Consider:

• Engineering and maintenance upgrades covered in our guide: Slip, Trip & Fall Prevention for Restaurants and Hotels: Engineering, Policies and Training.
• Strengthening housekeeping and patrols: Employee Duties, Patrols and Housekeeping Standards to Limit Slip-and-Fall Exposure.
• Legal defense and surveillance strategies: Legal Defense Tactics for Slip-and-Fall Claims: Surveillance, Witnesses and Expert Use.

Quick reference: Incident preservation checklist (printable)

• Attend to injured guest and EMS if needed
• Secure and cordon scene
• Photographs (wide, medium, close)
• Preserve CCTV; request export
• Collect witness names/statements
• Bag and label physical evidence
• Log chain-of-custody
• Notify insurer and legal counsel
• Document remediation steps

Final takeaway

In New York City restaurants and hotels, minutes matter. Well-trained staff who follow a written incident-preservation protocol, backed by CCTV retention and documented chain-of-custody, dramatically reduce liability exposure and cost. Budget annually for incident response tools (camera retention, PI budget, forensic testing fund) as part of your risk-management plan—the investment often dwarfs the cost of defending or settling a single serious claim.

Sources

• CDC — Falls and costs overview: https://www.cdc.gov/homeandrecreationalsafety/falls/index.html
• Thumbtack: Typical private investigator cost ranges: https://www.thumbtack.com/p/how-much-does-a-private-investigator-cost/
• Ring Support: Ring Protect pricing: https://support.ring.com/hc/en-us/articles/360038156231-What-is-Ring-Protect-