What should you do if you slip and fall at the grocery store?
- Fill out an incident report.
- Take pictures of the substance or condition which caused your fall.
- Seek medical attention if injured.
- Call me.
Fill out an incident report
While you may feel embarrassed because you fell, it is in your best interest to complete an incident report. Filing an incident report documents your presence at the store, gives the time you were there, provides a summary of the incident at a time close to its occurrence, and documents your injuries. If you leave without completing an incident report it raises the argument that you were either not there or were not injured. You also run the risk of forgetting key facts you knew at the time of the incident.
Take pictures of the substance or condition which caused your fall
Businesses are not required to maintain surveillance video and there is no guarantee the video will clearly show what caused you to fall. Since cell phones take quality photographs it is a good idea to take photographs of the substance or condition which caused your fall.
Florida law requires the plaintiff (you) prove the store where you fell had ‘actual’ or ‘constructive’ knowledge of the dangerous condition which caused your fall. Proof of ‘actual’ knowledge rarely occurs. It would require an employee testify he/she knew of the dangerous condition prior to the fall and failed to take any action.
It is more likely you will have to show the store had ‘constructive’ knowledge based on the facts and circumstances. Proof of ‘constructive’ knowledge is evidence which demonstrates the substance remained on the floor for such a length of time that the store ‘should have’ known of its presence. Photographic evidence of the substance which caused your fall may provide valuable circumstantial evidence of the length of time the substance remained on the floor. Florida courts have found black, darkened, grocery cart tire tracks running through an otherwise clear substance constituted adequate circumstantial evidence upon which a jury could find the substance was present for a sufficient length of time to impute constructive knowledge of the dangerous condition on the business.
Seek medical attention
Because of adrenaline or embarrassment, you may feel your injury is not that bad. Even if you believe your pain will eventually go away it is advisable to seek medical attention to document your complaints. Insurance companies consider the time (delay) between the incident and when the plaintiff first seeks medical attention. Insurance companies often argue “if you were hurt your would have sought medical attention that day”.
Contact an attorney
Regardless of insurance company slogans, they are not on your side. If the store does have surveillance video it usually only maintains a copy for 30 days. As your attorney I can put the store on notice of your claim and request it provide or preserve a copy of all surveillance video which may depict your fall or the length of time the condition existed prior to your fall.
