After a fall in a grocery store, restaurant, or other business, an employee may ask you to complete an incident report. Reporting what happened can help document the accident, but signing a document without reading it can create problems.
Before signing a store incident report after a slip and fall, review the wording, correct inaccuracies, and determine whether the document simply records facts or includes additional legal terms. The premises liability attorneys at Labovitz Law Firm can explain.
What Is a Store Incident Report?
An incident report is an internal document a business uses to record an accident. It may ask for your contact information, the location of the fall, a description of what happened, and any injuries you noticed.
The report may later become relevant to an insurance claim or lawsuit. However, completing it does not establish that the store accepts responsibility or promises compensation.
In Missouri, a premises liability claim involves more than proving that you fell. The dangerous condition, the store’s knowledge, and the circumstances surrounding the accident matter.
Read the Entire Document Before Signing
Do not rely solely on an employee’s explanation that the form is “just paperwork.” Review every page, including language near the signature line. Look for terms involving:
- A release or waiver of claims.
- Acceptance of payment as a settlement.
- Statements assigning fault to you.
- An acknowledgment that you were not injured.
- Permission to obtain medical records.
An incident report and a settlement release serve different purposes. A release can affect your ability to pursue compensation, including for injuries whose consequences are not yet clear. Missouri courts examine the language of releases when determining their effect.
If you do not understand a provision, ask for a copy and time to obtain legal advice.
Describe What You Observed Without Guessing
Keep your account accurate and specific. Include the time, location, and condition you actually noticed. For example, “I slipped on liquid near the refrigerated drinks” provides more useful information than guessing how long the liquid had been there or who spilled it.
Avoid making statements you cannot verify, such as:
- “The employee must have caused the spill.”
- “I am certain I will not need treatment.”
- “It was entirely my fault.”
- “The floor had been wet for hours.”
If you did not see the hazard until after falling, say so. You do not need to fill gaps with assumptions.
Do Not Minimize Symptoms
Describe symptoms honestly. If you have pain but do not yet know the diagnosis, state that.
Do not agree that you are uninjured simply because you have not received medical care. Seek appropriate treatment and explain how the fall occurred to your healthcare provider.
Correct Errors and Request a Copy
If an employee prepares the report, read it before signing. Ask that inaccurate statements be corrected and that your account be included.
Do not sign a version you know is false. If the store will not correct it, document your concerns separately and promptly.
Request a complete copy of the report and any document you sign. The business may decline to provide its internal report immediately, so also create your own dated account. Record the employee’s name and any incident reference number.
Preserve Evidence Beyond the Report
An incident report is only one part of a potential claim. If you can do so safely, preserve:
- Photographs of the hazard and surrounding area.
- Images showing warning signs or their absence.
- Witness names and contact information.
- Receipts establishing when you visited.
- The shoes and clothing you wore.
- Medical records and related expenses.
Ask the business to preserve relevant surveillance footage. Keep a copy of the request, but understand that making a request does not guarantee the footage will be retained or immediately provided.
Missouri decisions recognize that how a store operates and displays merchandise can affect the analysis of whether it should have anticipated a dangerous condition. Photographs and witness accounts may help establish that context.
What If You Already Signed?
Signing an ordinary factual report does not automatically eliminate your claim. The wording and circumstances matter. If you later discover an error, prepare a dated clarification explaining what was inaccurate. Preserve the original document rather than altering your copy.
If you signed a release, accepted settlement money, or are uncertain what the document said, contact an attorney promptly. Do not assume either that your rights are lost or that the signature has no consequences.
Contact Labovitz Law Firm After a Store Injury
Before signing away rights or accepting a settlement, understand the document and your options.
If you were injured in a store in St. Louis or a surrounding Missouri community, contact Labovitz Law Firm for a free consultation. We can review the incident report, available evidence, and circumstances of your fall.
