A store’s incident report may establish that you fell. It usually does not answer the harder questions: what caused the fall, how the condition got there and whether the store had a reasonable opportunity to address it. Those details often determine whether an injury supports a claim against the merchant.
If you are hurt, get appropriate medical help first. You do not need to remain on the floor or walk back through a dangerous area to document it.
Start with the condition that caused the fall
Was there liquid on the floor, a loose mat, a damaged threshold or something else? Describe the condition as specifically as you can. A photograph showing only a close-up of a spill may omit important context, such as lighting, the aisle layout and the location of a warning sign. If someone can safely take photographs, both the detail and the surrounding area can be useful.
Do not guess about what you could not see. If you noticed moisture on your clothing afterward but did not see a spill beforehand, record that distinction. Keep the shoes you were wearing and any existing photographs without altering them to make a point.
The merchant-liability rule has several parts
For a covered fall claim against a merchant, La. R.S. 9:2800.6 requires proof that the condition presented an unreasonable and reasonably foreseeable risk of harm, that the merchant created the condition or had actual or constructive notice of it before the occurrence, and that the merchant failed to exercise reasonable care.
That notice requirement deserves particular attention. If an employee created the hazard, the inquiry differs from a case in which another customer spilled a drink. When the claim depends on constructive notice, evidence must establish that the condition existed long enough that the merchant would have discovered it through reasonable care. The mere presence of an employee nearby does not by itself establish constructive notice. Nor does the lack of a written cleanup policy, standing alone, establish a failure to exercise reasonable care.
Look for evidence of what happened before you fell
Video of the fall can help explain your movement and the location. Earlier footage may be just as important: it could show a spill occurring, customers reporting it, employees passing through or an attempted cleanup. A preservation request should therefore address a relevant period before the fall, rather than only the few seconds when it happened.
Tell the store where and when you fell and ask that relevant footage be retained. Keep a copy of that request. It does not guarantee that video exists or that the store will immediately provide it. Counsel may need to pursue the footage and related records.
Witnesses may remember something the camera does not show. Obtain names and contact details, and note what each person actually observed. A witness who saw a puddle earlier can offer different information from someone who arrived only after you were on the ground.
Report the facts without filling in the gaps
Ask how to obtain a copy of the incident report and record the name of the person who took it. Read any statement before signing. You can explain that you do not yet know the full extent of an injury or how long a condition was present. An honest uncertainty is more useful than a confident estimate you cannot support.
Tell medical providers how you fell, what symptoms you have and whether similar problems existed before. Follow their advice about treatment and restrictions. Keep records of bills, work absences and activities affected by the injury. Medical care should address your health, not be arranged simply to produce a claim record.
Not every property claim follows the store rule
A fall at a private home, apartment building or public property can raise different duties, defenses and procedural requirements. Identifying who owned, occupied and controlled the particular area is part of the investigation. A business name on a receipt may not identify every potentially responsible party.
Dates need individual attention too. The general two-year tort period in Civil Code article 3493.1 applies to claims arising on or after July 1, 2024; older incidents and special claims require their own deadline analysis. Under the comparative-fault change effective January 1, 2026, article 2323 reduces recovery for a claimant’s fault below 51 percent and bars it at 51 percent or more when the new rule applies.
A useful first consultation addresses the cause of the fall, available evidence and the applicable property rule. Our slip and fall practice handles those questions. To discuss an incident, call (225) 500-5000 with the location, date and any records already available.