Generally, it is advisable that when you have fallen in a business and you believe the business was at fault that you report the fall and be sure they know what happened and that they write some form of incident report. Obviously, if you fall somewhere and the business is closed, then this cannot be done at the time that you fall but assuming the business is open, you should report the accident and explain to them what happened, so that no one else is injured in the same way and also so that they can have some ability to understand how you fell. Legally, there is no requirement that an incident report be written or that the police be called, for example. Further, it can be problematic if you fall somewhere, do not report it and then the business has no idea that someone fell or what caused them to fall. Most businesses, particularly large retailers, have protocol for when someone falls a report is written and sometimes pictures are taken of the area so everything is documented. Also, in instances where the person that is injured is taken by ambulance there is not an opportunity by the injured person to insist that a incident report be written up, but in those instances the fact that you were injured at the property is already documented by the paramedics. In sum, there is no legal requirement to get an incident report from the place where you fell but it is a good idea to report the injury as soon as is practicable.
I handle cases against: Publix, Winn Dixie, Albertson’s, Whole Foods, Trader Joe’s, Aldi’s, Sedanos, Presidente, Fresh Market, Costco, Doris Market, BJ’s, Sam’s Club, etc. and basically against any supermarket that caused you injury.
If you have been in an slip and fall or trip and fall accident and are seeking an attorney, Gary J. Drucker is an accident lawyer who handles cases in Miami-Dade, Broward and Palm Beach Counties. Please call Drucker Law Offices at (561)483-9199 or (954) 755-2120 or (305) 981-1561 – Principal office in Boca Raton as well as satellite offices in Miami, Coral Springs, Boynton Beach, and West Palm Beach.
Every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be construed as specific advice for a case or your case. A minor difference in the facts of the case in a fact pattern such as above could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states could vary from Florida.
