Fell in a store? What to do now

A fall at a grocery store, big-box retailer, or restaurant happens in seconds. What you do in the next few hours — and the next few days — can matter enormously. This guide walks you through it, step by step, in plain language.

First: your health

If you hit your head, or you have sharp pain, dizziness, or trouble putting weight on a foot or hand, get medical attention today. Don't "wait and see." Adrenaline masks pain, and many injuries don't fully hurt until the next morning.

Seeing a doctor does something else, too: it creates a dated, written record that you were injured and how it happened. Tell the provider exactly what happened and where.

Report the fall before you leave

If you're still at the store, ask for the manager. Nearly every chain has an internal form called an incident report. Ask them to fill one out, and calmly give your version: what was on the floor, where it was, what time it happened.

Know this going in: the store almost certainly will not hand you a copy on the spot. That's standard policy at most companies, and it doesn't mean you did anything wrong. What you can do is write down that a report was made, who filled it out, their title, and the time. That detail is worth a lot later.

Already left without reporting? Don't give up. You can still report it in writing — and sooner is better.

Take photos on the spot (or of whatever you still can)

With your phone, photograph:

• Whatever caused the fall: the spill, the crushed produce, the bunched-up mat, the broken step.
• The surrounding area, from several angles and from a few steps back.
• Whether there was — or wasn't — a wet-floor sign.
• Your shoes and clothing, exactly as they were.
• Any cameras pointed at the area where you fell.

If you're already home, photograph your bruises and scrapes today and over the following days. Injuries change fast, and dated photos document that.

Get names and witnesses

If anyone saw you fall — another shopper, an employee — ask for a name and phone number. For employees, a first name and job title is enough. People forget; written-down names don't.

The camera footage: the clock is running

Here's the urgent part, stated plainly: most store camera systems automatically record over old footage. Depending on the system, video of your fall may only exist for a matter of days to a few weeks. There is no single fixed number, and nobody at the store is required to save that footage unless someone asks for it in writing.

That's why the single most important step on this list is sending a preservation of evidence letter as soon as possible — a formal letter asking the store to hold onto the footage, the incident report, and that day's inspection or sweep logs. To be clear: we don't have the footage or the report — no one outside the store does. What we do is help you request them and formally ask that they not be destroyed.

Don't sign anything or give a recorded statement

The store's insurance company may call you within days. Be polite, note the caller's name and the claim number — but know that you are not required to give a recorded statement or sign medical authorizations on the spot. Before signing anything, get informed or talk to a lawyer.

California deadlines

As a general rule, California gives you 2 years from the date of the fall to file a personal injury lawsuit. But note: if you fell on government property — a city sidewalk, a public building — the deadline to file an administrative claim can be as short as 6 months.

This is general information, not legal advice. There are exceptions in both directions, and your situation may have different deadlines. If you're unsure about your date, look into it promptly.

Start today, not tomorrow

Of everything on this page, the camera footage is the one thing that won't wait. Use our free tool below to prepare your request for the incident report and the letter asking the store to preserve the footage — before the system overwrites it.