If you’ve slipped, tripped, or fallen at a store or other commercial property, your first priority is your health and safety. After seeking medical attention, you may start wondering about your legal rights—especially when it comes to gathering evidence. One of the first documents you may think to ask for is the incident report. But are you actually entitled to receive a copy?
Here’s what you need to know.
What Is an Incident Report?
An incident report is a document typically created by a business, such as a store or shopping center, when someone is injured on their premises. It usually includes:
- The date, time, and location of the incident
- A description of what happened
- Witness names and statements
- Photographs or video stills (if available)
- The name of the employee who filled out the report
This report is considered part of the internal records of the business and is used to document the event for insurance and legal purposes.
Are You Legally Entitled to a Copy?
In most cases, you are not automatically entitled to a copy of the incident report. This is because the report is usually considered the store’s internal record, created in anticipation of potential litigation. It may be protected under a legal doctrine known as the work product privilege, especially if it was prepared with input from or at the direction of legal counsel.
That said, there are some exceptions:
- If You Filed the Report Yourself: If you were asked to complete or sign part of the report, you may have a stronger argument for requesting a copy. Some businesses may voluntarily provide it upon request.
- During Legal Discovery: If you file a lawsuit, your attorney can request the report during the discovery process. At that point, the store may be legally required to share it, unless they successfully argue it is protected as privileged.
- Varies by State: Rules can differ depending on your state’s laws and court rulings. Some jurisdictions may have specific consumer protection statutes that allow you access to certain records, especially if you’re involved in a related insurance or legal claim.
What You Can Do Instead
While it’s frustrating to be denied a copy of the report, there are still several steps you can take to protect your claim:
- Request the Report Politely: Always ask for the report in writing, either in person or by email, and keep a record of your request.
- Get the Incident Number: If the store won’t give you a copy, ask if they can at least provide an incident number or reference ID for your records.
- Take Notes and Photos: Immediately document everything you remember—what caused your fall, the condition of the floor, lighting, weather (if relevant), and what you were doing at the time.
- Identify Witnesses: If anyone saw the fall, get their contact information. Their statements may become critical later.
- Seek Medical Attention: A prompt medical evaluation creates a direct link between the fall and your injuries, which is important if you pursue a claim.
Speak to a Personal Injury Attorney
Navigating the aftermath of a slip and fall accident can be overwhelming, especially when you’re trying to heal and deal with insurance companies. A skilled personal injury attorney can help you:
- Determine if you have a valid claim
- Request documents through proper legal channels
- Preserve evidence
- Negotiate with insurers
- Pursue compensation for medical bills, lost wages, and pain and suffering
Bottom Line: You may not be entitled to an incident report just by asking, but there are legal avenues available. Don’t let a denied request stop you from pursuing justice. If you’ve been injured on someone else’s property, reach out to our experienced personal injury team for a free consultation.
Contact a Florida Personal Injury Lawyer
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Jaeson continued his studies at Florida State University College of Law, graduating with a Juris Doctorate in 2011. Throughout his law school career, Jaeson regularly volunteered his time at Florida Legal Services, where he assisted with several projects aimed at advancing the rights of low-income families in Florida. Jaeson has recovered millions of dollars from individuals for his clients. For his efforts, Jaeson was inducted in 2016 into the Multi-Million Dollar Advocates Forum. At the time of his induction, he was one of the youngest attorneys in the State of Florida to be inducted.
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