The first hour: the person, then the scene, then what you say
The order you follow in the first hour sets the difficulty of everything after it: look after the person, protect the evidence, and only then speak. First, check the injury. If the customer is confused, may have a fracture, hit their head or is bleeding heavily, do not move them unnecessarily and call an ambulance or get them to the nearest emergency room. For a minor injury offer a seat, water and basic first aid, and offer to accompany them to a clinic. Someone from the store should go along and note the hospital and the time they were seen.
Second, protect the scene. Cordon off the spot with a barrier or sign so that nobody else is hurt and the conditions stay as they were. Do not mop the spill, replace the tile or restack the goods until photos and video are taken. Capture wide shots, close-ups and something for scale, and photograph any warning sign that was already in place.
Third, control the message. Appoint one person to speak to the customer and family, and keep it to concern for their condition, help with treatment and an assurance that the store will handle the matter properly. Do not say "this is entirely our fault", and do not say "you should have been careful". The first may later be read as an admission; the second escalates things instantly. Staff should post nothing about the incident online. If the complaint is illness after eating rather than a fall, the approach differs; see handling a food poisoning claim at your restaurant.
Same-day records: one incident report and five pieces of evidence
What is not written down today cannot be explained tomorrow. However minor the injury seems, complete an internal incident report the same day. It should cover the time, the exact location, the customer's name and contact details, the sequence of events as told separately by the customer, by witnesses and by staff, the condition of the floor and lighting, whether a warning sign was displayed, what the store did and where the customer was treated. The duty manager signs and dates it.
Secure five items alongside it. One, CCTV: export a generous window before and after the event and store it separately, because many systems overwrite within days. Two, photographs and video of the scene. Three, witnesses: names and contact details of customers and staff present, and a short written statement from anyone willing. Four, maintenance records: cleaning rounds, repair logs and your rule on warning signs, which show whether you normally take reasonable care. Five, with the customer's consent, photographs of relevant circumstances such as footwear or what they were carrying.
If the customer or family asks to see the footage, arrange a viewing in the store, but do not hand out copies or post it, since other customers appear in it and personal data is involved. Where the incident may relate to the building rather than your unit, such as mall common areas or lifts and escalators maintained by the property manager, notify the mall or landlord in writing that day, because responsibility may not rest with you alone. Premises safety requirements themselves are covered in the fire safety inspection certificate guide.
How fault is assessed: your duty of care, the customer's conduct and third parties
Liability is not "it happened in my shop, so it is all mine". The question is who failed to take the care that was expected. For the business, the usual points are whether the hazard was created by the store or was something it knew or should have known about, whether it dealt with the hazard within a reasonable time, whether warnings were clear enough, and whether the layout and routine upkeep met ordinary safety expectations. A freshly mopped floor with no sign, a leak ignored all afternoon, or a step the same colour as the floor with no lighting all weigh against the store.
The customer's conduct counts too: ignoring an obvious warning, entering an area marked off-limits, running, looking at a phone, or being intoxicated. Carelessness on the customer's part may reduce the store's share, but it does not automatically cancel it. Take particular care where children are involved, because the standard of care owed to a child is higher and the supervising adult's responsibility is also weighed.
Then look at third parties. In leased premises the common areas are normally the landlord's or the property manager's responsibility. Where equipment was installed or maintained by a contractor, that contractor may be liable. Where another customer caused the accident, that person may bear responsibility. Identifying these parties early and notifying them in writing is an important protective step. How fault is finally apportioned depends on the evidence, so do not reach your own verdict, and above all do not sign anything accepting full responsibility without legal advice.
Paying medical bills and signing a settlement
You may advance medical costs, but keep "a goodwill advance" separate from "an admission of liability". When someone needs treatment now, the store stepping in to cover the emergency bill is often the single most effective way to prevent escalation. Do it carefully: pay the hospital directly and obtain a receipt naming the store as payer; add a short written note that the payment is an advance made without admission of liability; and keep every document, because you will need them to settle with the customer and to claim from your insurer.
Do not make open-ended verbal promises about further costs. Tell the customer plainly that the store has notified its insurer and that further items will be handled through the insurance and by agreement. Claims typically include medical expenses, lost income and other heads. Ask for supporting documents for each and do not accept a round figure with nothing behind it.
Once you agree, put it in writing. The document should identify the parties, summarise the incident, state what is paid and how, record that the customer has received payment and will make no further claim over the incident, and carry signatures, a date and preferably a witness. For a minor, the guardian signs. Where the amount is large, the injury serious or lasting effects are possible, have a lawyer draft the settlement and wait until the condition has stabilised, or the agreement may be challenged later. If talks fail, many local disputes must first go through community-level mediation, described in barangay mediation. If you receive a lawyer's letter, see responding to a demand letter.
Insurance: when to report, to whom, and what not to say first
If you are insured, notify the insurer on the day of the incident rather than waiting for a demand. Injury to customers on the premises is usually covered by public liability protection, which may be a standalone policy or a section of a shop package policy. For units inside a mall, the lease sometimes requires this cover and requires the landlord to be named as an additional insured. Find the policy and check the scope, the exclusions, the deductible and the notification period.
When you report, provide what the insurer asks for: the incident report, photographs, CCTV, the customer's details and medical documents. Many policies contain a clause that is easy to miss: the insured must not admit liability or settle with the claimant without the insurer's consent, and doing so may lead the insurer to decline that portion. So before discussing figures with the customer, ask the insurer or your broker. Emergency steps such as paying the initial hospital bill are generally not a problem, but tell them promptly.
With no such cover, the business bears the whole cost, which is why even a small shop should consider it. If the insurer accepts the claim and then refuses to pay or offers far too little, do not simply give up; review and complaint routes are in what to do when a business insurance claim is denied. One more point: whether the customer has medical cover of their own is separate from the store's responsibility, so "you have your own insurance" is not a reason to stop communicating.
Fixing the cause afterwards, and how Yixing can help
A second fall in the same spot changes the character of the problem entirely. Correct the cause straight away and document it. Repair or replace whatever failed. Fix cleaning times and require a warning sign whenever floors are mopped. Check markings and lighting on steps, ramps and thresholds. Review shelf loads and display heights. Lengthen CCTV retention. Introduce a daily inspection sheet signed by the duty manager. These records protect people, and later they show that the store took reasonable care.
Turn the experience into a one-page procedure for all staff: who calls the ambulance, who secures the scene, who speaks to the customer, who exports the footage, who notifies the insurer and who notifies the landlord. Train new hires on it. Most premises incidents become serious disputes not because the injury was severe but because nobody on duty knew what to do.
Yixing supports the compliance and documentation side: helping organise incident records and outgoing correspondence, checking that business permits and premises safety certificates are in order, coordinating with insurance brokers and licensed Philippine lawyers, and formalising inspection and incident procedures for your outlets. See our compliance retainer service. Yixing is not a law firm, does not litigate and cannot determine liability for any party. Yixing International is a private consultancy registered with the Philippine Securities and Exchange Commission (SEC Registration No. CS202009551), accredited by the Bureau of Immigration (BI Accreditation No. CA-202624381-1, valid to 30 June 2027) and holding DOLE and PRA accreditations. It is not part of, or affiliated with, any government office. For your specific case consult a licensed Philippine lawyer; this article is not legal advice.
Frequently Asked Questions
A customer slipped in my shop. Do I automatically have to pay?
I paid the customer's hospital bill. Have I admitted liability?
The customer wants to see the CCTV footage. Should I show it?
We agreed to settle privately. What should be signed?
My shop is inside a mall. Is the mall liable or am I?
I have no public liability insurance. What now?
The customer is posting online that my store refuses to help. What should I do?
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