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The Importance Of Incident Reports When You Fall At A Business

On Behalf of The Andres Lopez Law Firm , PA | November 26, 2025 | Uncategorized

When you fall in a store, restaurant, or any commercial property, your first concerns are probably your injuries and getting medical help. That makes sense. But there's another immediate step that can make or break your ability to recover compensation: requesting an incident report.

At The Andres Lopez Law Firm, we've seen how a simple document can become the difference between a successful claim and an uphill battle against a business's insurance company.

What Is An Incident Report?

An incident report is an official document that businesses create when someone gets injured on their property. It typically includes:

• Your name and contact information
• The date, time, and location of the fall
• A description of what happened
• The names of witnesses
• The condition that caused your fall
• Any immediate medical attention provided

The business should complete this form while the details are fresh and the scene is unchanged. This matters more than most people realize.

Why Businesses Sometimes Resist Creating Reports

You might encounter resistance when you ask for an incident report. Some managers or employees will tell you it's not necessary. Others might say they'll "handle it internally" or ask you to just leave your contact information. This reluctance isn't accidental. Businesses know that incident reports create a paper trail. They document that an injury occurred on their property and establish a timeline that's harder to dispute later. Some stores train employees to avoid creating formal documentation unless absolutely required. They might offer to call you later, take down your information on a napkin, or promise to have their district manager reach out. These tactics all serve the same purpose: minimizing documented evidence of your fall.

The Legal Weight Of An Incident Report

While an incident report doesn't guarantee you'll win a premises liability case, it provides several benefits that strengthen your position: Immediate documentation. The report captures details while memories are fresh and before any cleanup occurs. If you wait days or weeks to report your fall, businesses can claim the hazardous condition didn't exist or that your memory is unreliable. Harder to deny. When a business creates an official report, they acknowledge that something happened on their property. This makes it difficult for them to later claim you were never there or that your fall occurred elsewhere. Witness preservation. The report should include names and contact information for anyone who saw your fall. Tracking down witnesses weeks later becomes nearly impossible, especially in busy retail environments where employees rotate shifts or leave the company. Condition description. The report documents what caused your fall, whether it was a wet floor, broken tile, or debris in a walkway. This detail becomes valuable evidence when proving the property owner knew or should have known about the dangerous condition.

What To Do If They Refuse To File A Report

Sometimes businesses flat-out refuse to create an incident report. This happens more often than it should, particularly at smaller establishments or franchises where managers worry about their performance metrics. If this happens to you, don't leave without taking action: Call the police and request that an officer respond to the scene. A police report serves a similar function to an incident report and comes from an independent third party. Officers can document the scene, your injuries, and any hazardous conditions. Take photographs yourself. Capture the exact spot where you fell from multiple angles. Document any liquid, debris, uneven surfaces, or poor lighting. Photograph your injuries as well. Get witness information directly. Ask anyone who saw your fall for their name and phone number. Don't rely on the business to do this for you. Write down everything you remember as soon as possible. Note the time, what you were doing, what caused you to fall, and any conversations with employees or managers.

What Should Be In A Proper Incident Report

If the business agrees to file a report, make sure it's complete and accurate. You have the right to review what they write before you leave. The report should specify exactly where you fell, not just "in the store" but which aisle, department, or entrance. It should describe the hazard in detail. "Wet floor" isn't enough. Was it water, a spilled drink, or a cleaning solution? How large was the spill? Your description of what happened matters too. Don't let employees minimize the incident or suggest you weren't paying attention. Stick to the facts of what you experienced. If you have visible injuries, those should be noted. If the business offers first aid or you decline medical attention on site, that goes in the report as well. Request a copy before you leave. Some businesses will tell you they'll mail it to you or that only the corporate can release copies. Insist on getting a copy immediately, even if it's just a photo of the completed form on your phone.

How Incident Reports Help Your Attorney

When you work with a Fort Lauderdale slip and fall lawyer, that incident report becomes a starting point for investigation. We use it to identify witnesses, establish timelines, and hold businesses accountable for their initial statements. Insurance companies have a harder time disputing claims when their own insured created documentation of the incident. They can't easily argue you're exaggerating or that the fall never happened when their policyholder's own records say otherwise. The report also helps us evaluate the strength of your case early. We can see whether the business acknowledged the hazardous condition, whether they had prior knowledge of the problem, and how they responded to your injury.

The Bottom Line On Documentation

Getting an incident report filed isn't about being confrontational or difficult. It's about protecting yourself and your family's financial future. Slip and fall injuries can lead to substantial medical bills, lost work time, and long-term complications that deserve proper compensation. Many businesses count on injured people being too shaken up, polite, or uninformed to insist on proper documentation. Don't let embarrassment or discomfort prevent you from taking this step. If you've been injured in a fall at a business, whether you have an incident report or not, we can help. Our team understands what it takes to build a strong premises liability case and hold property owners accountable for dangerous conditions. Contact our office to discuss what happened and learn about your options for recovery.