When a municipality receives a report that a member of the public has been injured or that their property has been damaged, the response in the hours and days that follow can significantly affect the outcome.
Regardless of whether the municipality believes it was at fault, every incident should be thoroughly documented and investigated. A timely, objective investigation not only supports the claims process but also helps identify hazards, prevent future incidents and demonstrate the municipality’s commitment to serving the public responsibly.
A common misstep is treating minor incidents as unlikely to become claims. Many begin as routine complaints and evolve over time. Months or even years later, memories fade, employees have moved on, physical conditions have changed, and critical evidence is no longer available. Conducting an investigation immediately upon learning of the incident preserves facts while they are still reliable and supports sounds decision-making.
An investigation should not begin with the goal of proving or disproving liability. Instead, its purpose is to gather objective facts. The focus should be on answering the questions of who was involved, what happened, when and where it happened, as well as how and why it took place. The investigators need to avoid any assumptions or speculation. A well-conducted investigation will document the factual information surrounding the event.
The first priority is ensuring the immediate safety of everyone involved. If the hazard that contributed to the incident still exists, reasonable steps should be taken to protect others from experiencing the same situation. This may include closing an area, placing warning signs, repairing a defect, or redirecting pedestrian or vehicular traffic. Correcting a hazard is not an admission of fault — it instead demonstrates a commitment to public safety.
Next, the investigation should gather as much information as possible. Record the exact location, date, and time of the incident. Identify the individuals involved and obtain contact information for witnesses while they are still available. If a municipal employee responded to the scene, obtain written statements in which they describe what they observed, rather than what they believe happened. Statements should be completed as soon as practical, while memories remain fresh.
Photos and video often become some of the most valuable pieces of evidence. Take pictures from multiple angles including wide shots that show the surrounding area and close up images of any conditions that may have contributed to the incident. If weather, lighting, traffic or other environmental factors play a role, document those conditions as well. If surveillance footage or vehicle camera recordings exist, take immediate steps to preserve them before they are overwritten.
Investigators should also document the condition of any municipal property involved in the incident. If the allegation involved a sidewalk, roadway, park equipment, building or a utility, then inspect and document its condition carefully. Maintenance records, inspection reports, work orders, and previous complaints related to the location should also be preserved and included in the investigation.
These records often provide valuable context and demonstrate the municipality’s inspection and maintenance practices. Understanding whether a municipality has received actual notice or constructive notice of a hazardous condition is a critical component of evaluating potential liability. If constructive notice exists because inspections were infrequent or maintenance requests were not addressed promptly, the municipality can improve its inspection schedules, reporting procedures, or maintenance practices to reduce future risk.
Communication during an investigation is equally important. Employees should treat members of the public with professionalism and empathy while avoiding statements that admit fault or speculate about what occurred. A simple statement such as, “We appreciate you reporting this, and we will investigate the incident” can be used. Employees should not discuss insurance coverage, potential settlements or personal opinions about responsibility.
Municipalities that are members of the SC Municipal Insurance and Risk Financing Fund should promptly notify SCMIRF to report the claim, even if the investigation is not complete. Even if it seems the claimant is not pursing a claim, the member should report the claim as “Notice only.” Early reporting allows claims adjusters to evaluate the situation, provide guidance, preserve evidence and begin their own investigation if necessary. Delays in reporting can complicate the defense of a claim and may result in the loss of important evidence. Late reporting may even jeopardize coverage.
Finally, every investigation should end with a review of the lessons learned in the incident. Even if the municipality is ultimately found not liable, the case may reveal opportunities to improve safety. Trends in incidents can identify recurring hazards, maintenance issues, training needs and operational practices that deserve attention. Looking beyond the individual event and addressing underlying causes strengthens the municipality’s overall risk management program.
An effective investigation is much more than paperwork. It is an investment in protecting the public, preserving evidence, supporting the claims process and preventing future losses. Municipal leaders who establish clear investigation procedures and train employees to respond consistently are better positioned to defend claims while creating safer communities for everyone they serve. Every report deserves careful attention because every investigation provides an opportunity to learn, improve and reinforce the public’s trust in local government.
For those who would like to meet with a loss control consultant to discuss written procedures or training in liability investigations or any topic related to safety or risk management, contact Risk Management Services Loss Control staff at losscontrol@masc.sc.