Litigants seek probative evidence to prove their cases through procedural discovery methods. In personal injury cases, incident reports describing the circumstances of the accident typically contain valuable information.
Defendants usually oppose turning over incident reports to plaintiffs. The argument is that the incident report was prepared in anticipation of litigation and, therefore, is protected by the work-product privilege. See Marshalls of M.A., Inc. v. Witter, 186 So. 3d 570, 573 (Fla. 3d DCA 2016) (“Incident reports, internal investigative reports, and information gathered by employees to be used to defend against potential litigation are generally protected by the work-product privilege.”).