{"id":6412,"date":"2017-02-08T10:00:57","date_gmt":"2017-02-08T10:00:57","guid":{"rendered":"https:\/\/www.robertkreisman.com\/injury-lawyer\/?p=6412"},"modified":"2017-02-07T11:09:44","modified_gmt":"2017-02-07T11:09:44","slug":"reports-incidents-employees-admissible-evidence-claim-made-entity-prepared-report","status":"publish","type":"post","link":"https:\/\/www.robertkreisman.com\/injury-lawyer\/reports-incidents-employees-admissible-evidence-claim-made-entity-prepared-report\/","title":{"rendered":"Reports of Incidents by Employees is Admissible Evidence When Claim is Made Against the Entity that Prepared the Report"},"content":{"rendered":"<p>Illinois lawyers sometimes struggle with discovery requests to produce incident reports. The defendant in a case where someone was injured may as a matter of business have a rule about preparing incident reports by employees or managers of these facilities.<\/p>\n<p>Suppose a customer at an automotive repair company is injured while waiting to receive the person\u2019s vehicle when the customer falls down a stairwell and is injured. The manager of the auto repair shop by rule prepares an incident report. The customer who was injured hires an attorney who now seeks a copy of that incident report, but the auto repair shop attorney claims that the report is privileged.<\/p>\n<p><a href=\"https:\/\/www.isba.org\/sites\/default\/files\/soloconference\/2013\/downloads\/coursebooks\/divito.pdf\">Illinois\u2019 Rule of Evidence <\/a>801(d)(2)(A) is the operative law on why the auto repair shop must turn over the incident report.\u00a0 Illinois Rule of Evidence 801(d)(2)(A) is an admission by a party opponent that states: \u201cThat the statement is offered against a party and is (A) the party\u2019s own statement, in either an individual or a representative capacity.\u201d IRE 801(d)(2)(A).<\/p>\n<p> <a href=\"https:\/\/www.robertkreisman.com\/injury-lawyer\/reports-incidents-employees-admissible-evidence-claim-made-entity-prepared-report\/#more-6412\" class=\"more-link\">Continue reading<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Illinois lawyers sometimes struggle with discovery requests to produce incident reports. The defendant in a case where someone was injured may as a matter of business have a rule about preparing incident reports by employees or managers of these facilities. Suppose a customer at an automotive repair company is injured while waiting to receive the [&hellip;]<\/p>\n","protected":false},"author":795,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"enabled":false},"version":2}},"categories":[22,56],"tags":[],"class_list":["post-6412","post","type-post","status-publish","format-standard","hentry","category-illinois-civil-procedure","category-personal-injury"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Reports of Incidents by Employees is Admissible Evidence When Claim is Made Against the Entity that Prepared the Report &#8212; Chicago Injury Lawyer Blog<\/title>\n<meta name=\"description\" content=\"Illinois lawyers sometimes struggle with discovery requests to produce incident reports. The defendant in a case where someone was injured may as a matter\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.robertkreisman.com\/injury-lawyer\/reports-incidents-employees-admissible-evidence-claim-made-entity-prepared-report\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Reports of Incidents by Employees is Admissible Evidence When Claim is Made Against the Entity that Prepared the Report &#8212; Chicago Injury Lawyer Blog\" \/>\n<meta name=\"twitter:description\" content=\"Illinois lawyers sometimes struggle with discovery requests to produce incident reports. The defendant in a case where someone was injured may as a matter\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Robert Kreisman\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"5 minutes\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Reports of Incidents by Employees is Admissible Evidence When Claim is Made Against the Entity that Prepared the Report &#8212; Chicago Injury Lawyer Blog","description":"Illinois lawyers sometimes struggle with discovery requests to produce incident reports. The defendant in a case where someone was injured may as a matter","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.robertkreisman.com\/injury-lawyer\/reports-incidents-employees-admissible-evidence-claim-made-entity-prepared-report\/","twitter_card":"summary_large_image","twitter_title":"Reports of Incidents by Employees is Admissible Evidence When Claim is Made Against the Entity that Prepared the Report &#8212; Chicago Injury Lawyer Blog","twitter_description":"Illinois lawyers sometimes struggle with discovery requests to produce incident reports. The defendant in a case where someone was injured may as a matter","twitter_misc":{"Written by":"Robert Kreisman","Est. reading time":"5 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/reports-incidents-employees-admissible-evidence-claim-made-entity-prepared-report\/#article","isPartOf":{"@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/reports-incidents-employees-admissible-evidence-claim-made-entity-prepared-report\/"},"author":{"name":"Robert Kreisman","@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/#\/schema\/person\/5e5596abf7be77fdabc788f0a78f042b"},"headline":"Reports of Incidents by Employees is Admissible Evidence When Claim is Made Against the Entity that Prepared the Report","datePublished":"2017-02-08T10:00:57+00:00","mainEntityOfPage":{"@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/reports-incidents-employees-admissible-evidence-claim-made-entity-prepared-report\/"},"wordCount":1021,"articleSection":["Illinois Civil Procedure","Personal Injury"],"inLanguage":"en-US"},{"@type":"WebPage","@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/reports-incidents-employees-admissible-evidence-claim-made-entity-prepared-report\/","url":"https:\/\/www.robertkreisman.com\/injury-lawyer\/reports-incidents-employees-admissible-evidence-claim-made-entity-prepared-report\/","name":"Reports of Incidents by Employees is Admissible Evidence When Claim is Made Against the Entity that Prepared the Report &#8212; Chicago Injury Lawyer Blog","isPartOf":{"@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/#website"},"datePublished":"2017-02-08T10:00:57+00:00","author":{"@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/#\/schema\/person\/5e5596abf7be77fdabc788f0a78f042b"},"description":"Illinois lawyers sometimes struggle with discovery requests to produce incident reports. The defendant in a case where someone was injured may as a matter","breadcrumb":{"@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/reports-incidents-employees-admissible-evidence-claim-made-entity-prepared-report\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.robertkreisman.com\/injury-lawyer\/reports-incidents-employees-admissible-evidence-claim-made-entity-prepared-report\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/reports-incidents-employees-admissible-evidence-claim-made-entity-prepared-report\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.robertkreisman.com\/injury-lawyer\/"},{"@type":"ListItem","position":2,"name":"Reports of Incidents by Employees is Admissible Evidence When Claim is Made Against the Entity that Prepared the Report"}]},{"@type":"WebSite","@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/#website","url":"https:\/\/www.robertkreisman.com\/injury-lawyer\/","name":"Chicago Injury Lawyer Blog","description":"Published by Chicago Illinois Accident Attorney \u2014 Robert Kreisman","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.robertkreisman.com\/injury-lawyer\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/#\/schema\/person\/5e5596abf7be77fdabc788f0a78f042b","name":"Robert Kreisman","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/secure.gravatar.com\/avatar\/58b55a1897459940cd9ce9dd16ac900f835174ed4e07875d30af769176f577ae?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/58b55a1897459940cd9ce9dd16ac900f835174ed4e07875d30af769176f577ae?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/58b55a1897459940cd9ce9dd16ac900f835174ed4e07875d30af769176f577ae?s=96&d=mm&r=g","caption":"Robert Kreisman"},"sameAs":["https:\/\/www.robertkreisman.com"]}]}},"yoast":{"focuskw":"","title":"","metadesc":"","linkdex":"","metakeywords":"","meta-robots-noindex":"","meta-robots-nofollow":"","meta-robots-adv":"","canonical":"","redirect":"","opengraph-title":"","opengraph-description":"","opengraph-image":"","twitter-title":"","twitter-description":"","twitter-image":""},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p7H0vI-1Fq","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.robertkreisman.com\/injury-lawyer\/wp-json\/wp\/v2\/posts\/6412","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.robertkreisman.com\/injury-lawyer\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.robertkreisman.com\/injury-lawyer\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.robertkreisman.com\/injury-lawyer\/wp-json\/wp\/v2\/users\/795"}],"replies":[{"embeddable":true,"href":"https:\/\/www.robertkreisman.com\/injury-lawyer\/wp-json\/wp\/v2\/comments?post=6412"}],"version-history":[{"count":5,"href":"https:\/\/www.robertkreisman.com\/injury-lawyer\/wp-json\/wp\/v2\/posts\/6412\/revisions"}],"predecessor-version":[{"id":6423,"href":"https:\/\/www.robertkreisman.com\/injury-lawyer\/wp-json\/wp\/v2\/posts\/6412\/revisions\/6423"}],"wp:attachment":[{"href":"https:\/\/www.robertkreisman.com\/injury-lawyer\/wp-json\/wp\/v2\/media?parent=6412"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.robertkreisman.com\/injury-lawyer\/wp-json\/wp\/v2\/categories?post=6412"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.robertkreisman.com\/injury-lawyer\/wp-json\/wp\/v2\/tags?post=6412"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}