Defamation involves making a false statement that harms someone’s reputation. For a business, this most often occurs in two ways: an employee making a false, damaging statement about a customer (e.g., falsely accusing them of theft over a loudspeaker), or the business making a false statement about a competitor. Truth is a complete defense. To avoid claims, train staff to handle disputes privately, avoid public accusations, and ensure any public statements about others are accurate and verifiable.

The biggest mistake is not taking any. Others include failing to capture scale or context (use a common object for reference), only taking close-ups without wide shots, or editing/filtering the images, which can destroy their credibility. Never delete photos or videos, even if they seem unhelpful; your opponent’s attorney could use this to suggest you are hiding evidence. Always preserve the original, unaltered files with their original timestamps and data.

Provide the witness information to your insurance company and your attorney immediately, if you have one. Do not post it on social media or share it broadly. These professionals will handle the formal contact and statement process. Your role is to secure the contact details and pass them along promptly to preserve the integrity of the witness’s account for the official claim or investigation.