Reporting A Customer Injury (2026 Updated)

If a customer gets hurt in or around your business, it can feel stressful and confusing - especially if you’re trying to help the person, keep your staff calm, and work out what you’re supposed to do legally.

The good news is that most of the “legal” part comes down to having a clear process, documenting what happened, and communicating properly (without accidentally admitting fault or making things worse).

This 2026 update reflects the current expectations on New Zealand businesses around health and safety, incident recording, and privacy when you’re collecting information about an injured customer.

Below, we’ll walk you through what to do straight away, what to record, when you may need to notify WorkSafe, and how to reduce the risk of repeat incidents - all in plain English.

What Should You Do Immediately After A Customer Is Injured?

When someone is injured, your first priority is always safety and medical help - not paperwork.

1. Make The Area Safe

Stop anyone else from being harmed. That might mean:

• cordoning off a wet floor or broken step
• turning off equipment
• moving hazards (only if it’s safe to do so)
• re-directing foot traffic

If the hazard is serious, don’t let operations continue as normal until you’ve controlled the risk.

2. Provide First Aid And Call Emergency Services If Needed

If your workplace has a first aid kit and trained first aiders, follow your first aid procedures. If the injury looks serious (or you’re unsure), call 111.

Even where the customer doesn’t want an ambulance, you can still encourage them to seek medical care (GP, urgent care, etc.).

3. Be Careful With What You Say

It’s completely fine to apologise in a human sense (“I’m sorry this happened”) and focus on helping the person.

But avoid statements that sound like you’re admitting legal fault, such as “this is our negligence” or “we caused this”. At this early stage, you usually don’t know the full facts.

4. Identify Witnesses And Preserve Basic Evidence

While the scene is still fresh, note who saw what happened (staff and customers). If you have CCTV, make sure you preserve the relevant footage before it’s overwritten.

If you use workplace cameras, make sure your approach is consistent with staff and customer expectations - CCTV is common in retail and hospitality, but you still need to think carefully about privacy and transparency. (If this is something you’re reviewing across your business, Are Cameras Legal In The Workplace? is a useful reference point.)

What Should You Record In A Customer Injury Report?

A customer injury report is your internal record of what happened. It’s not just admin - it’s one of the most practical ways to protect your business if there’s a dispute later, and it helps you fix hazards properly.

Many businesses use a simple incident report template, sometimes called an “accident report” or “injury report”. What matters is that your report is clear, factual, and completed promptly.

Key Details To Include

• Date and time of the incident
• Exact location (e.g. “front entrance, left-hand ramp”)
• What happened (a factual description of events)
• Nature of injury (as described by the customer or observed)
• Immediate actions taken (first aid, calling 111, hazard removed/isolated)
• Who was involved (customer name, staff on duty)
• Witnesses (names and contact details, with consent where appropriate)
• Photos / diagrams of the scene if relevant (and safe to take)
• Environmental factors (weather, lighting, foot traffic, signage)
• Equipment involved (make/model/serial number where relevant)
• CCTV details (camera number, time stamps, who saved the footage)

Stick To Facts (Not Assumptions)

In your report, focus on what is known - not what you think must have happened.

For example, “customer slipped near the drinks fridge; floor was wet; wet floor sign was not present” is better than “customer wasn’t watching where they were going”.

Get The Customer’s Details (But Don’t Over-Collect)

It’s normal to ask for a customer’s name and contact details in case you need to follow up, provide information, or respond to an insurer.

However, you should only collect what you reasonably need. In New Zealand, customer injury reports can involve personal information and potentially health information, so you should think about your Privacy Act 2020 obligations (including secure storage, limited access, and not using the information for unrelated purposes).

If your business generally collects customer personal information (for bookings, mailing lists, online orders, memberships, etc.), it’s worth having a clear Privacy Policy and internal process so your team knows what to do with sensitive information after an incident.

Who Should Complete The Report?

Ideally, the staff member who witnessed the incident (or first responded) should write the initial notes, and a manager should review and finalise the report.

Train your team so they know:

• where the incident report form is kept (digital or paper)
• who to escalate to
• how to keep language factual
• how to store the report securely

Do You Have To Notify WorkSafe If A Customer Is Injured?

Sometimes, yes - but not for every incident.

Under the Health and Safety at Work Act 2015 (HSWA), a business (a “PCBU”) has duties around health and safety. WorkSafe notifications are generally triggered by certain serious events.

Notifiable Events: The High-Level Rule

You generally need to notify WorkSafe if there is a notifiable event, which includes:

• notifiable injury or illness (serious harm-type injuries as defined under the HSWA framework), or
• notifiable incident (a serious near-miss), or
• notifiable death.

These requirements can apply even if the injured person is a customer (not your worker), as long as the event arises from the conduct of your business or undertaking.

Because whether something is “notifiable” can depend on the facts, it’s smart to get specific advice quickly if an injury is serious, involves emergency services, or could involve significant risk to others.

You May Need To Preserve The Site

If it’s a notifiable event, you may have obligations to preserve the site (with some exceptions, such as to help an injured person or to make the area safe).

This is one reason why having a clear incident response plan matters - you don’t want a well-meaning staff member cleaning up or moving equipment in a way that creates compliance issues.

What If It’s Not Notifiable?

Even if you don’t need to notify WorkSafe, you should still record the incident internally and treat it as a risk management issue.

For example, a minor slip with no medical treatment might not be notifiable - but if your entry mat regularly bunches up, you still want to fix it before a more serious fall happens.

How Do You Manage Follow-Up, Complaints, And Insurance After An Injury?

Once the immediate situation is under control, the next phase is usually about communication and follow-up. This is where businesses can accidentally create legal risk by being inconsistent, unhelpful, or over-sharing information.

1. Follow Up With The Customer (Carefully)

It’s often a good idea to check in on the customer’s wellbeing, especially if they left upset or needed medical treatment.

Keep the follow-up message neutral and supportive:

• confirm you recorded the incident
• invite them to share any additional factual details
• avoid arguing about fault
• avoid making promises you can’t keep

2. Notify Your Insurer Early

If there’s any chance the customer may claim compensation or costs, notify your insurer as soon as you can (public liability insurance is the common policy here).

Many policies have conditions about early notification and cooperation. If you wait too long, you can end up creating coverage issues.

3. Keep Your Internal Communications Disciplined

Your staff should know to avoid casual messages like “we’re definitely at fault” in group chats or emails.

Internal communications can sometimes become evidence later. Encourage staff to keep communications factual and to escalate all external communication to a manager.

4. ACC And Customer Injuries

In New Zealand, personal injuries are often dealt with through ACC, which can reduce the scope for common law damages claims. However, that doesn’t mean there’s no risk to your business.

Depending on the situation, there may still be:

• complaints and reputational damage
• WorkSafe interest (especially for serious incidents)
• insurance claims and investigation
• disputes about costs not covered by ACC

This is why good documentation and a calm process are so important.

5. Be Consistent With Customer-Facing Policies

In some industries, an injury can trigger refund demands, cancellation requests, or disputes about what was promised (for example, a fitness studio class, an adventure activity booking, or a service appointment).

Make sure your customer-facing terms are clear and consistently applied - and make sure your staff understand when to offer refunds, credits, or rescheduling.

If your business sells to consumers, your processes should also align with the Fair Trading Act 1986 (misleading conduct) and the Consumer Guarantees Act 1993 (guarantees about services and products). The legal analysis will vary depending on what you do, so getting your Business Terms right from day one can save a lot of back-and-forth later.

What Legal Risks Should You Watch Out For (And How Do You Reduce Them)?

You can’t prevent every accident - but you can reduce how often incidents happen and how serious the consequences are when they do.

Health And Safety Duties (Beyond “Common Sense”)

Under the HSWA, you have a duty to ensure, so far as is reasonably practicable, that people are not put at risk from work carried out as part of your business.

In practice, that usually means having:

• hazard identification and control processes (especially for slips, trips and falls)
• maintenance schedules (flooring, steps, lighting, handrails)
• training for staff on incident response
• clear signage practices
• contractor management (if cleaners, trades, or installers are on-site)

If you engage contractors, make sure you’re clear on who does what and who carries which risks - a well-drafted Contractor Agreement (and practical induction process) can make a real difference when something goes wrong.

Privacy And Handling Sensitive Information

Customer injury reports often include:

• names and contact details
• witness statements
• health information (even basic details like “hurt wrist” can be sensitive)
• CCTV footage

That means you need to store reports securely, limit internal access, and avoid disclosing information to other customers or unrelated third parties.

If you ever have to provide information externally (for example, to an insurer, investigator, or regulator), make sure you’re sharing only what’s necessary and appropriate in the circumstances.

Defamation And “Naming And Shaming” Risks

Sometimes, incidents turn into heated discussions - including online reviews or social media posts. It can be tempting to “set the record straight” publicly.

Be careful. Responding with identifying details about the injured person (or blaming them) can create privacy risk, and making allegations can create defamation risk. A safer approach is to acknowledge the feedback and invite the person to contact you directly.

Documentation Gaps That Create Problems Later

The most common issues we see with incident reporting are practical ones, like:

• no report completed at all (or completed days later)
• inconsistent versions from staff members
• missing witness details
• CCTV footage overwritten
• the hazard not documented (e.g. no photo of the wet floor, broken tile, or missing sign)

These gaps make it harder to defend a claim, harder to show you acted responsibly, and harder to stop the problem happening again.

How Do You Build A Simple Customer Injury Reporting Process For Your Business?

If you’re thinking “we don’t have anything formal for this”, don’t stress - you can build a workable process without turning your business into a bureaucracy.

The goal is a repeatable system your team can follow under pressure.

A Practical Step-By-Step Process

1. Immediate response: first aid, call 111 if needed, make the area safe.
2. Escalation: staff notify the manager on duty straight away.
3. Incident report: complete a report before the end of the shift (or as soon as practical).
4. Evidence: take photos, save CCTV footage, record witness details.
5. Risk control: fix or isolate the hazard and note what was done.
6. Assessment: decide whether it could be a notifiable event and whether you need external advice.
7. Follow-up: customer check-in, insurer notification, internal debrief.
8. Prevention: review what changes you need (training, maintenance, signage, layout).

Train Your Staff (And Refresh It)

Even the best process won’t work if nobody remembers it. Consider:

• a short induction module for new staff
• a one-page “what to do if someone is injured” checklist near the register or staff room
• refresher training every 6–12 months

If you employ staff, make sure your expectations on incident reporting and escalation are consistent with your internal policies and employment documentation. If you’re tightening up roles and responsibilities, an updated Employment Contract and handbook can help set clear procedures.

When Should You Get Legal Advice?

It’s worth getting tailored advice early if:

• the injury is serious (ambulance, hospitalisation, fracture, head injury, etc.)
• you think it could be a notifiable event
• the customer is threatening legal action or demanding compensation
• the incident could attract media or social attention
• there’s a dispute about CCTV, witness statements, or what happened

It’s also a smart move to get a general legal “tune-up” if you’re growing quickly or opening new premises - incident response is one of those things that’s easy to overlook until the first time you need it.

Key Takeaways

• When a customer injury happens, your first priority is safety: provide first aid, call 111 if needed, and make the area safe.
• A customer injury report should be completed promptly and should record facts, witness details, actions taken, and any supporting evidence like photos or CCTV.
• Some serious incidents involving customers can still be notifiable to WorkSafe under the Health and Safety at Work Act 2015, so it’s important to assess severity quickly.
• Customer injury reports can include sensitive personal information, so you need to store them securely and handle them in line with the Privacy Act 2020.
• Early insurer notification and disciplined communication help reduce legal and commercial risk if the incident escalates into a complaint or claim.
• Having clear procedures, staff training, and well-drafted business terms can help you respond calmly and prevent repeat incidents.

If you’d like help setting up your incident reporting process, reviewing your customer terms, or getting your legal foundations right from day one, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.