Slip, Fall & Premises Liability

Should I fill out the store's incident report?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Report the fall — but be careful what the form asks and what you write.

Reporting and completing their form are related but distinct.

Report the fall. Yes, always. That's what triggers preservation and documentation.

On the form itself, be factual and brief. Where it happened, when, what was on the floor, that you fell. Stick to what you observed.

What to avoid writing. Speculation about cause. Characterizations of your injuries before you've been examined — "I'm okay," "just shaken up," "my back is a little sore" all get used later. Guesses about how long the substance was there. Anything accepting blame, including reflexive apologies.

Ask for a copy. You may not get one, but ask, and note whether it was refused.

On recorded statements. Some businesses request one at the scene. You can decline, and generally should.

A practical point. Your description of what was on the floor may be the only contemporaneous account of the hazard. Be specific about the substance, its extent, and its appearance — those details support the duration argument later.

Describe the hazard carefully. Say nothing about your injuries yet. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.