The physical scene of an accident may change quickly.
Equipment may be moved. Padding may be replaced. Video may be overwritten under a company's ordinary retention practices. Employees and witnesses may become harder to locate. For that reason, evidence preservation is an important part of investigating a serious incident.
Evidence you may already control
Start with information in your own possession:
- Cell-phone photographs and video
- Reservation confirmations
- Receipts and tickets
- Wristbands
- Emails and text messages
- Screenshots
- Incident paperwork
- Witness names and contact information
- Medical discharge paperwork
- Clothing or personal property damaged in the incident
Keep original electronic files when possible rather than only edited or compressed copies.
Evidence that may be controlled by someone else
Other potentially relevant information may be held by a park, operator, property owner, vendor, or another company.
Depending on the facts, that could include video, inspection information, maintenance information, employee records, training materials, attraction records, incident reports, or documents concerning the equipment involved.
Whether and how those materials should be requested or preserved is a matter for legal evaluation.
Create a simple chronology
Write down the basic sequence while events are still relatively fresh.
A useful chronology may include:
- Arrival and check-in
- What documents were presented
- The attraction involved
- Instructions or warnings received
- Approximate time of the incident
- What happened immediately afterward
- Names or descriptions of employees involved
- Emergency response
- Medical treatment
- Later communications with the park or an insurer
Keep the chronology factual. It is not necessary to reach legal conclusions.
Protect original materials
Avoid altering photographs, deleting messages, discarding paperwork, or posting extensive commentary about the incident online.
Preserving the original record gives the people evaluating the claim a better factual foundation.
If the injury is serious, we can help identify what information may warrant prompt preservation.