The First Minutes Are Critical
If you slip and fall at a store or gas station, your immediate actions can determine whether you have a strong legal case or an uphill battle. Store employees are often trained to minimize incidents and clean up hazards quickly, which can eliminate crucial evidence.
Don't let shock or embarrassment prevent you from protecting your legal rights.
Document the Scene Immediately
If you're physically able, start gathering evidence right away:
- Take photos of the hazard that caused your fall - spilled liquid, broken floor tiles, ice, debris
- Photograph the surrounding area to show lighting conditions and warning signs (or lack thereof)
- Picture your injuries if visible, and take more photos as bruising develops
- Document your clothing and shoes - this can help explain the fall mechanism
- Capture any surveillance cameras that might have recorded the incident
- Note weather conditions if it's an outdoor slip and fall
Use your smartphone to take as many photos and videos as possible before anyone can clean up the scene.
Get Witness Information
Other customers or passersby can be valuable witnesses:
- Ask for names and phone numbers of anyone who saw your fall
- Have them describe what they saw and ask them to write it down if possible
- Get their contact information before they leave the scene
- Ask if they noticed the hazard before your accident
Don't assume the store will provide you with witness information later - they have no obligation to help your case.
Report the Incident Properly
Make sure the store or gas station creates an official incident report:
- Ask to speak with a manager immediately
- Insist that they complete an incident report
- Get a copy of the report or at least the incident number
- Don't sign anything beyond confirming basic facts
- Avoid admitting fault or saying you're "fine"
- Describe exactly what happened but don't speculate about causes
Be polite but firm - some employees may try to convince you that filing a report isn't necessary.
Preserve Surveillance Video
Most stores and gas stations have security cameras, but they may delete footage within days or weeks:
- Ask the manager to preserve the video from the time of your accident
- Make this request in writing if possible
- Note camera locations and direction they're pointing
- Get the name of the person responsible for security footage
- Contact an attorney immediately to send a preservation letter
Video evidence can be the difference between winning and losing your case.
Seek Medical Attention
Even if you feel okay immediately after the fall, see a doctor:
- Some injuries don't show symptoms right away - adrenaline can mask pain
- Document your injuries with medical records
- Follow all treatment recommendations
- Keep copies of all medical records and bills
- Tell doctors exactly how the accident happened
If you refuse medical attention at the scene, insurance companies will argue your injuries aren't serious.
What NOT to Do
Avoid these common mistakes that can hurt your case:
- Don't leave without reporting the incident
- Don't accept blame or apologize for the accident
- Don't give detailed statements to store employees beyond basic facts
- Don't accept any money or offers from the store
- Don't post about the accident on social media
- Don't delay seeking medical attention
Store employees may be sympathetic, but remember they work for the company that might be liable for your injuries.
Common Hazards in Stores and Gas Stations
These businesses have a duty to maintain safe conditions for customers:
- Spilled liquids from products or cleaning activities
- Ice and snow near entrances and fuel pumps
- Worn or damaged flooring
- Poor lighting in parking lots or store aisles
- Electrical cords or equipment left in walkways
- Merchandise blocking aisles or emergency exits
If any of these conditions caused your fall, the business may be legally responsible for your injuries.
Don't Let Evidence Disappear
Stores and gas stations know that slip-and-fall accidents happen, and they're prepared to protect themselves. That means evidence can disappear quickly if you don't act fast.
At Shiraz Law Firm, we've handled numerous slip-and-fall cases at retail establishments. We know exactly what evidence to look for and how to preserve it before it's lost forever.
If you've been injured in a slip-and-fall accident, contact us immediately. Every day you wait is another day for crucial evidence to disappear.
