Public liability insurance helps cover the legal and compensation costs when incidents occur in public areas—such as a visitor stumbling in a store or someone getting hurt at a community event. Still, whether a claim is accepted or rejected is usually determined by more than just the event itself. Witness testimony is one essential factor that could affect the result. Always ensure public liability is in place to shield your business from unexpected circumstances better. If you don’t have one, you can find one affordable by comparing different policies at QuoteRadar and shield your business from unforeseen circumstances.
In this blog, we have discussed the importance of having a witness for a public liability claim, the challenges of dealing with witnesses, legal viewpoint on witnesses and other details.
Why Witnesses Matter?
Public liability claims depend heavily on witnesses who offer reports of events. These observations can help understand the circumstances leading to the event and either support or contradict the client’s version of the event. Witness testimony is crucial in any claim, as it helps determine who is responsible for the event and whether any negligence resulted in it occurring.
Independent Vs. Involved Witnesses:
Public liability claims typically feature two primary categories of witnesses:
- Independent witnesses: Independent witnesses are third parties or bystanders with no financial or personal stake in the issue. Courts and insurers frequently regard their testimonies as more trustworthy because they are unbiased.
- Involved witnesses: Involved witnesses are friends of the injured person, contractors, or staff members. Their opinions might still be valuable, but their potential bias could cause more investigation of them.
What Makes a Good Witness?
In a public liability case, not every witness has the same importance. Generally speaking, a decent witness possesses the following qualities:
- They can recall what occurred without contradiction or confusion.
- They saw significant specifics, including missing signs, wet floors, or the behavior of those engaged.
- They stand not to gain from the result of the ruling.
- They are ready to provide a statement or testify if needed.
A witness’s reliability will increase the probability that their testimony will support the case.
Collecting Witness Statements:
The company or property owner should compile witness information quickly when an event happens. It could include things like:
- Witness details like name and contact information
- A documented or written account of what they observed
- Photos or recordings they might have seen
As soon as feasible following the incident, taking statements are crucial since memories can fade, and specifics might be lost with time.
Legal Viewpoint on Witnesses:
Witness statements are usually presented in court as part of the proof in a liability case. They might be part of insurance negotiations, court hearings, or claim reports. Although this is less frequent in simple claims, in certain situations, witnesses may be requested to appear in court.
Claims handlers usually review witness statements for relevance, accuracy, and consistency. If several witnesses offer comparable accounts, the allegation becomes stronger. Conversely, contradictory remarks could hinder or perhaps interfere with the procedure.
Challenges with Witnesses:
Witnesses are pretty valuable, but there are drawbacks:
- Some of your witnesses could be unwilling to get involved or provide a statement.
- People could lose vital information over time or confuse events.
- Witnesses tied to the claimant or defendant might bend the truth, contributing to biased statements or dishonesty.
Exaggerated or fraudulent claims are often discovered during investigations since insurance companies and legal teams are trained to evaluate witness credibility.
Final Thoughts:
This blog showed how witnesses can greatly affect the outcome of a public liability claim. Their findings help illuminate the truth, confirm or reject responsibility, and present a detached perspective on what actually occurred. Although not every situation will depend on witness testimony, having clear, reliable, and unbiased witnesses can significantly alter the matter—particularly when evidence is limited or changed.
This highlights the need for companies and property owners to promptly handle events, note witness information, and safekeep any pertinent records. A few clear remarks from the appropriate witnesses might make the difference between a rejected claim and an expensive settlement.
Also Read: How Investigators Catch Fake Health Insurance Claims
