Act Immediately — Evidence Disappears Fast

In a Florida slip and fall case, the evidence that matters most is often the evidence that disappears fastest. Spills are cleaned up. Broken tiles are repaired. Surveillance video is overwritten. Witnesses leave. The property owner's legal team begins building its defense the moment they learn of the incident. Your ability to recover depends in large part on what you document before the evidence is gone.

This article explains the categories of evidence that are most important in a Florida premises liability case and what you should do — and ask your attorney to do — to preserve them.

Photographs of the Condition

Photographs are the most immediate and accessible form of evidence. If you are physically able to do so, photograph the condition that caused your fall before it is corrected. Photograph the specific hazard — the spill, the broken tile, the uneven surface, the missing handrail — from multiple angles. Photograph the surrounding area to show the context: the lighting conditions, the absence of warning signs, the proximity to a store entrance or checkout area.

If you cannot take photographs yourself, ask someone else to do it. If the condition has already been corrected by the time you think to document it, photograph the area anyway — the absence of a warning sign or the freshly repaired tile can itself be evidence.

Surveillance Video — The Most Urgent Evidence

Surveillance video is often the most powerful evidence in a slip and fall case. It can show the condition that caused the fall, how long it existed before the fall, whether employees walked past it without addressing it, and the circumstances of the fall itself. Most commercial properties retain surveillance video for only 24 to 72 hours before it is automatically overwritten.

An attorney can send a written preservation demand to the property owner immediately after being retained, putting the owner on notice that the video must be preserved. If the owner destroys video after receiving a preservation demand, that destruction can be used against them at trial — a concept called spoliation of evidence. Do not wait to contact an attorney if surveillance video may exist.

The Incident Report

Report the incident to the property owner or manager before you leave the premises and request a copy of any incident report. The incident report documents the time, location, and circumstances of the fall and identifies the employees who responded. It is also evidence that the property owner had notice of the incident — which can be relevant if the owner later claims they were unaware of the condition.

Read the incident report carefully before signing it. Do not sign a report that contains inaccurate information about how the fall occurred or the nature of your injuries. If the report is inaccurate, note the inaccuracies in writing.

Medical Records and Treatment

Seek medical attention promptly after a fall — even if you feel your injuries are minor. Some injuries, including soft tissue injuries and traumatic brain injuries, may not be immediately apparent. A gap between the fall and your first medical treatment gives the property owner's insurer an argument that your injuries were not caused by the fall or were not serious.

Keep records of all medical treatment, including emergency room visits, follow-up appointments, physical therapy, and any prescriptions. Keep records of all out-of-pocket expenses related to your injuries, including transportation to medical appointments and any assistive devices you needed.

Witness Information

If anyone witnessed your fall or was present at the scene, obtain their contact information before you leave. Witnesses can provide testimony about the condition that caused the fall, how long it existed, and the circumstances of the incident. Witnesses who are employees of the property owner may have relevant knowledge about the owner's notice of the condition and the owner's inspection and maintenance practices.

Your Footwear and Clothing

Preserve the footwear and clothing you were wearing at the time of the fall. The property owner may argue that your footwear was inappropriate for the conditions — a common defense in slip and fall cases. Your footwear can be examined by an expert to assess whether it was reasonable for the conditions and whether it contributed to the fall.