Am I entitled to a copy of the store's incident report about my fall?

Usually not on the spot. The incident report is the business's internal document, and a store may decline to hand you a copy when you ask. If a lawsuit is filed, the report may be requested in discovery, but whether it must be produced can depend on how and why it was prepared and on any valid objection. Build your own record instead of counting on the store's report.

Should I give a recorded statement to the store's insurance company?

Generally, no. The store's insurance adjuster may call within days, sound friendly, and ask to record your account. Do not agree to a recorded statement before speaking with a lawyer. Politely decline, write down the adjuster's name and claim number, and ask for any questions in writing. A statement given before you understand the full extent of your injuries can later be used to challenge how the fall happened or how badly you were hurt.

What do I need to prove in a Connecticut slip and fall case?

Generally, you must prove that a dangerous condition caused your fall and that the business created it or knew or should have known about it. That issue is called notice. Connecticut also recognizes a narrow mode-of-operation exception for some regularly occurring hazards created by a specific way of doing business, but it does not apply to every spill in a self-service store. That is why early evidence matters. If you can do so safely, photograph the condition, get witness information, note the exact time, and act quickly to request preservation of surveillance footage and inspection records.

What should I document before leaving the store after a fall?

If you are physically able: photos of what made you fall, the surrounding area, and your footwear; the names of employees who responded and what they said; contact information for witnesses; and the exact time. Keep the shoes and clothing you were wearing, unwashed, and seek medical care promptly.

How long do I have to bring a slip and fall claim in Connecticut?

Under C.G.S. § 52-584, a Connecticut negligence action generally must be brought within two years after the injury is sustained or discovered, or reasonably should have been discovered, and no more than three years after the act or omission. Do not assume that you have two years in every case. Other rules can change the deadline, and some claims involving a defective public sidewalk or road require written notice within 90 days. Regardless of which deadline applies, get case-specific advice promptly and preserve evidence now because footage and scene conditions may disappear long before the lawsuit deadline.

New Haven slip and fall accident · July 30, 2026

The Store Wrote An Incident Report About Your Fall. It Was Not Written For You.

After a fall at a Connecticut business, the incident report is the store's document and often goes to its insurer. Learn what to document for yourself before you leave.

By Richard T. LoRicco, Esq.

If you fell on something wet in a store and someone filled out an incident report, you probably assume that report protects you. The manager was polite, asked what happened, typed your answers into a tablet, and told you it was all documented.

The incident report, however, documents the store's account. You still need to build your own.

Who The Incident Report Actually Serves

The incident report is the business's internal document. It may be routed to the company's insurer or claims team, and it records the event from the business's perspective. It may omit details you think matter or summarize your words differently from the way you remember them.

The manager may be completely honest, but the report is still written for the store. You should not assume you will receive a copy on the spot. If a lawsuit is filed, the report may be requested in discovery, although production can depend on how and why it was prepared and on any valid objection. By then, months may have passed, and the store's version was recorded on day one.

Therefore, what you do in the first hour matters. While the store records the event from its perspective, you should preserve photographs, witness information, and other evidence for yourself.

The Notice Question May Depend On Other Evidence

In a traditional Connecticut premises case, the central question is usually whether the business created the condition or knew or should have known about the specific hazard in time to address it.

Lawyers call this notice. If a customer dropped a jar thirty seconds before you rounded the corner, the store may not be responsible, because no reasonable inspection would have caught it. A leak that had been spreading for two hours, though, presents a different notice question.

Connecticut recognizes a narrow exception, called the mode of operation rule. It can apply when a business's own way of doing business creates a regularly occurring or foreseeable hazard, and then only in the limited area where that risk exists. It does not erase the notice requirement for every spill in a self-service store.

The store's incident report may not answer how long a spill was present. That evidence may have to come from cameras, inspection logs, employee statements, witnesses, and the details you preserve yourself.

Your Own Evidence List, Before You Leave If Possible

If you are seriously hurt, getting medical care comes first. But if you are able, or if someone is with you, a few minutes of documentation can matter later.

Photograph what made you fall: the spill, the broken tile, the mat, the debris. Get close-ups and wider shots that show where it was in the store.
Photograph your footwear, and keep the shoes and clothes you were wearing, unwashed.
Get the names of the employees who responded, and write down what they said while it is fresh. "I told them about that leak this morning" is the kind of sentence that can matter and then evaporate.
Get names and phone numbers for witnesses. Customers leave, and you should not assume their information will be preserved for you.
Note the exact time. It matters for camera footage, and it matters for how long the hazard may have existed.

Then get medical care promptly, even if you think you are just shaken up. A gap between the fall and the first medical visit may give the insurer an argument that you were not really hurt.

Expect your own conduct to be examined too. Whether the hazard was marked, what you were carrying, and where you were looking can all come up later, which is one more reason to photograph the scene as it actually was.

The Footage Clock Is Already Running

Many businesses have cameras, but retention periods vary. Some systems overwrite footage within days, and once it is gone, it may be impossible to get back.

Footage may be the only neutral witness to the two questions the store will dispute: how you fell, and how long the hazard sat there first. A preservation letter from an attorney may help if it reaches the right party before the footage is overwritten. Waiting a few weeks to make a call may mean losing that evidence.

What You Say Matters Too

Be polite and factual, at the scene and afterward. Do not apologize, and do not announce that you are fine. You do not know yet whether you are fine, and reflexive courtesy has a way of being quoted back later as an admission.

The same caution applies to the phone call that often comes within days, from the store's insurance company, asking for a recorded statement. The adjuster works for the insurer. While you may eventually provide information about the claim, you are generally not required to give a recorded statement before getting advice, and it rarely helps you to do so.

The Deadline To Sue Is Not A Reason To Wait

Connecticut law may give you years to bring a claim, but the evidence will not wait.

Under C.G.S. § 52-584, a Connecticut negligence action generally must be brought within two years after the injury is sustained or discovered, or reasonably should have been discovered. The statute also has a three-year outer limit measured from the act or omission. Other statutes and tolling rules can change the analysis, so those dates are not a substitute for case-specific advice.

Those deadlines, however, do not mean the store's footage, inspection logs, or witness memories will still be available when you are ready to act.

Other deadlines are much shorter. If a defective public sidewalk or road played a role rather than a store floor, a claim against a city or town, or against the state, may require formal written notice within 90 days. Preserve the evidence in the first days rather than waiting for the filing deadline.

If You Were Hurt At A Business In Greater New Haven

Evidence after a store fall can disappear quickly. If you were hurt at a store, restaurant, or other business in the New Haven area, our New Haven slip-and-fall attorneys can review what happened. Contact our office for a free consultation, ideally before the footage cycle runs out. We can request preservation of the video and inspection records, deal with the insurer's calls, and assess whether you may have a case.

Frequently Asked Questions

Am I entitled to a copy of the store's incident report about my fall?: Usually not on the spot. The incident report is the business's internal document, and a store may decline to hand you a copy when you ask. If a lawsuit is filed, the report may be requested in discovery, but whether it must be produced can depend on how and why it was prepared and on any valid objection. Build your own record instead of counting on the store's report.
Should I give a recorded statement to the store's insurance company?: Generally, no. The store's insurance adjuster may call within days, sound friendly, and ask to record your account. Do not agree to a recorded statement before speaking with a lawyer. Politely decline, write down the adjuster's name and claim number, and ask for any questions in writing. A statement given before you understand the full extent of your injuries can later be used to challenge how the fall happened or how badly you were hurt.
What do I need to prove in a Connecticut slip and fall case?: Generally, you must prove that a dangerous condition caused your fall and that the business created it or knew or should have known about it. That issue is called notice. Connecticut also recognizes a narrow mode-of-operation exception for some regularly occurring hazards created by a specific way of doing business, but it does not apply to every spill in a self-service store. That is why early evidence matters. If you can do so safely, photograph the condition, get witness information, note the exact time, and act quickly to request preservation of surveillance footage and inspection records.
What should I document before leaving the store after a fall?: If you are physically able: photos of what made you fall, the surrounding area, and your footwear; the names of employees who responded and what they said; contact information for witnesses; and the exact time. Keep the shoes and clothing you were wearing, unwashed, and seek medical care promptly.
How long do I have to bring a slip and fall claim in Connecticut?: Under C.G.S. § 52-584, a Connecticut negligence action generally must be brought within two years after the injury is sustained or discovered, or reasonably should have been discovered, and no more than three years after the act or omission. Do not assume that you have two years in every case. Other rules can change the deadline, and some claims involving a defective public sidewalk or road require written notice within 90 days. Regardless of which deadline applies, get case-specific advice promptly and preserve evidence now because footage and scene conditions may disappear long before the lawsuit deadline.