A sudden fall on a slippery floor or a jagged sidewalk can leave you feeling disoriented, embarrassed, and in significant pain. In the immediate aftermath of a slip and fall accident, your first instinct might be to gather your belongings and leave the scene as quickly as possible to avoid a scene. However, if your injuries require medical treatment or keep you out of work, the steps you take in those first few minutes will dictate the strength of your future legal claim.
At Brandon J. Broderick, Attorney at Law, we are frequently asked if calling the police is an "overreaction" for a fall on commercial or private property. The reality is that a police report is often the most important piece of evidence you can possess. It transforms a situation into a documented event backed by a neutral, third-party authority.
The Importance of Official Documentation After a Fall
When you file a personal injury lawsuit or an insurance claim, the burden of proof rests entirely on your shoulders. You must prove that a dangerous condition existed, that the property owner knew or should have known about it, and that this condition directly caused your injuries.
A police report serves as a foundational document for several reasons. Law enforcement officers are trained observers. When they arrive at a scene, they aren't just looking at the person on the ground; they are looking at the environment. They document the exact time, date, and weather conditions. They may also note the presence of hazards like spilled liquids, lack of warning signs, or poor lighting. This information is recorded while the evidence is still fresh, often before a property owner has a chance to fix the hazard or "clean up" the scene.
Furthermore, a police report identifies potential witnesses. If bystanders saw the accident, an officer will typically collect their contact information and statements. Independent witness testimony is incredibly persuasive in court, but these individuals often disappear if their information isn't captured immediately by an official.
Police Report vs. Store Incident Report: Knowing the Difference
Many major retailers and commercial businesses have internal protocols for accidents. A manager may approach you with a clipboard and ask you to sign a statement or fill out a form. While it is important to notify the property owner that you were hurt, you must exercise extreme caution with internal reports.
Store incident reports are designed to limit the company’s liability. The phrasing used by an employee might subtly shift the blame to you, noting things like your footwear or whether you were looking at your phone. Furthermore, these reports are considered private property. A store is under no legal obligation to give you a copy of their internal report without a court order or subpoena.
In contrast, a police report is an unbiased account. The officer has no "skin in the game" and does not work for the insurance company. This report is a public record that your legal team can access to build your case. Relying solely on a store's version of events is a risk that can cost you your settlement.
How Law Enforcement Helps Prove Property Owner Negligence
To hold a business or homeowner responsible for your medical bills, you must establish negligence. This is rarely straightforward. Property owners often argue that the hazard was "open and obvious" or that you were not paying attention.
Having a law enforcement officer on the scene helps counter these defenses. If an officer notes in their report that a leak from a grocery store refrigerator had clearly been there for a long time due to visible dirt or track marks in the liquid, that observation supports the legal theory of "constructive notice." This means the store should have known about the spill and cleaned it up in a reasonable timeframe.
An officer’s presence also creates a sense of accountability. Employees are more likely to be honest about how long a hazard existed when speaking to a police officer than when speaking to their own manager or an insurance adjuster later. Those initial statements, preserved in the report, can be the "smoking gun" that proves the property owner failed in their duty to maintain a safe environment.
Establishing a Timeline for "Invisible" Injuries
One reason people hesitate to call the police is that they don't feel seriously injured at the moment of the fall. Adrenaline is a powerful chemical that can mask the true extent of physical trauma. It is common for slip and fall victims to leave a store feeling "fine," only to wake up the following morning with debilitating pain.
Traumatic Brain Injuries and Long-Term Effects
If you strike your head on a hard surface, you may suffer a concussion or a more severe traumatic brain injury (TBI). Symptoms like dizziness, nausea, or cognitive confusion can take hours or even days to manifest. Without a police report to document the fall, the insurance company will likely argue that your head injury happened elsewhere in the intervening time. The report ties the symptoms you develop later directly to the impact that occurred on that specific property.
Spinal Damage and Soft Tissue Injuries
Falls frequently cause herniated discs, torn ligaments, and severe muscle strains. These injuries often require MRI scans, months of physical therapy, or even surgery. A police report creates a "timeline of injury" that links your medical diagnosis to the accident site. It prevents the defense from claiming your back pain is simply a "pre-existing condition" or an injury that occurred at home.
Step-by-Step: How to File a Report if an Officer Isn't Present
In some busy jurisdictions, police departments may decline to send an officer to a "civil matter" on private property unless there is a physical altercation or a life-threatening emergency. If this happens, you still have options to protect your legal rights.
- Ask for an Incident Number: Even if they won't dispatch a car, ask the dispatcher if they can provide a log or incident number for your call.
- File a Walk-In Report: Go to the nearest police station as soon as you are physically able and request to file a "counter report" or a self-reported accident statement.
- Be Precise: When filing your own report, stick to the facts. Describe the hazard exactly as it was, the time it happened, and any employees you spoke to at the scene.
- Request a Copy: Ensure you get a receipt or a case number for your filing. This serves as a formal, dated notification of the event that an attorney can use later.
By taking these steps, you are showing that you took the accident seriously from the very beginning, which adds significant credibility to your claim.
Protecting Your Rights with Brandon J. Broderick, Attorney at Law
The legal path following a slip and fall accident is full of complications. Insurance companies are businesses, and their primary goal is to protect their bottom line. They may offer a quick settlement that seems generous but fails to cover the long-term costs of physical therapy, lost earning capacity, or future medical complications.
When you partner with Brandon J. Broderick, Attorney at Law, you are hiring a team that understands how to leverage every piece of evidence—including that police report—to your advantage. We handle the aggressive negotiations and the complex filings so that you can focus on your physical recovery. We have extensive experience dealing with the specific laws in New Jersey, New York, and across the tri-state area.
Our firm works on a contingency fee basis. This means we do not charge any upfront legal fees. We only get paid if we successfully recover compensation for you. We believe that everyone deserves top-tier legal representation, regardless of their current financial standing.
Timing is everything in a premises liability case. Evidence disappears, memories of witnesses fade, and statutes of limitations put a strict deadline on your right to file a claim. If you have been injured on someone else's property, don't leave your future to chance.
Contact us today for a free consultation. Let us put our experience to work for you and ensure the responsible parties are held accountable for the harm they have caused.