General liability including Product Liability claims are not always obvious and can present problems due to the time lapse between the occurrence and the recognition of the loss. For instance, a subcontractor's employee might be injured and eighteen months later file a claim alleging improper supervision of the subcontractor by your company or that the accident was caused by an unsafe piece of equipment owned by you. During this time, witnesses may have left and ascertaining what occurred and preparing your defense may prove difficult. Consequently, it is important to train your employees to recognize those incidents which may later lead to claims, and to report them so you may take proper action.

Claims in this area fall into three broad categories: bodily injury, property damage and loss of use.

WHAT TO DO IN CASE OF AN ACCIDENT

• When a loss occurs involving any of the above you need to:
• Take whatever steps are immediately necessary to minimize the loss and prevent further injury.
• Insure that you and your employees do not admit liability.
• Provide a description of the loss.
• Provide pictures of the damage.
• Save and protect any equipment and items that might be alleged to have contributed to the loss.
• Obtain reports from witnesses and secure their names, addresses and telephone numbers.
• Obtain reports from any investigative agencies, police, fire department, etc.
• Protect any evidence of insurance (certificates of insurance) you have on applicable parties and if you do not have them, obtain it.
• Protect any contracts you have with applicable parties that outline duties and responsibilities or that contain hold harmless clauses.

Report all information as soon as possible to The GEM Agencies at 713-622-2330.

The insurance carrier requires that you:

• Immediately send them copies of any demands, notices summons or legal papers received in connection with the claim or suit.
• Authorize them to obtain records and other information.
• Cooperate with them in the investigation, settlement or defense of the claim or suit.
• Assist them in the enforcement of any right against any person or organization who may be because of injury or damage. DO NOT WAIVE YOUR RIGHT OF SUBROGATION AFTER AN INCIDENT WHICH MIGHT LEAD TO A CLAIM!
• Do not, voluntarily make a payment, assume any obligation, or incur any expense, other than first aid, without the carrier's consent.