What to do after you fall in a store in Indiana

A fall in a store can be embarrassing, and many people want to get up, say they are fine, and leave. But hip, wrist, shoulder, back, and head injuries are common after falls, and some are not obvious at first. Taking a few steps right away protects both your health and your ability to show what caused the fall.

What should I do right after I fall in a store in Indiana?

Get medical help, report the fall to a manager and ask for an incident report, and photograph the hazard before it is cleaned up. Get witness names, keep the shoes and clothes you wore, and ask a lawyer to request the store’s video quickly, because many systems record over footage. Don’t sign anything or give a recorded statement first.

At the store

1. Get help if you need it. If you hit your head, cannot put weight on a limb, or are in significant pain, ask for an ambulance. Do not let anyone pressure you to get up before you are ready.
2. Look at what caused the fall. Notice the hazard: liquid, produce, a torn mat, a broken floor tile, a step, poor lighting. Is the spill dirty or tracked through? Are there cart marks or footprints? Details like these can help show how long the hazard was there.
3. Photograph everything. Take photos and video of the hazard from several angles, the surrounding area, any missing warning signs, the lighting, your shoes, and your injuries. Do it before the area is cleaned up if you can, or ask someone with you to do it.
4. Report the fall to a manager. Ask that an incident report be made. Ask for a copy; if the store will not give one, write down the name of the person who took the report and the date and time.
5. Get witness information. Names and phone numbers of customers and employees who saw the fall or the hazard. Note what employees say, such as “we were supposed to clean that up.”
6. Keep your statements short and factual. Describe what happened. Avoid guessing, apologizing, or saying you are “fine.”

In the first few days

• See a doctor. Tell the provider exactly how you fell and every part of your body that hurts. Follow the treatment plan and keep appointments. Gaps in treatment are often used to argue an injury was minor.
• Keep your shoes and clothing as they were. They may be examined later.
• Write down what happened, including the time, the exact location in the store, who you talked to, and what was said.
• Save receipts showing you were a customer, along with any medical bills and records of missed work.
• Stay off social media about the fall and your activities.

Why video matters—and why timing matters

Most stores have surveillance cameras, and video can show the hazard, how long it was there, whether employees walked past it, and how the fall happened. Many systems automatically record over footage after a limited period. A written request asking the business to preserve video from all cameras covering the area, for a period before and after the fall, is usually more effective than a customer asking at the service desk. Indiana courts can impose consequences when a party destroys evidence it had a duty to keep, but the most reliable protection is a prompt, specific preservation request.

When the store’s insurance company calls

Many large retailers and their insurers handle claims through adjusters or third-party claims companies. They may ask for a recorded statement, a broad medical authorization, or a quick settlement. You do not have to give a recorded statement to the business’s insurer. Early offers often come before anyone knows the full extent of an injury, and a signed release usually ends the claim. Read more about who pays medical bills after a fall at a business.

What the business will look at

A store is not automatically responsible for every fall. Under Indiana premises law, a business owes customers (invitees) reasonable care, and the key question is often whether the business knew, or should have known, about the hazard and failed to fix it or warn about it. The business may also argue the hazard was obvious or that you were not paying attention. Learn more on our Indiana slip and fall lawyer page and our page on falls where you may be partly at fault.

Deadlines

Most Indiana premises injury lawsuits must be filed within two years of the fall (IC 34-11-2-4). If the property belongs to a government entity—a city building, a public library, or state property—written notice is required within 180 days for local governments or 270 days for the State. See Indiana slip and fall filing deadlines.

Quick checklist

• Medical care
• Incident report (and the name of the person who took it)
• Photos of the hazard, area, shoes, and injuries
• Witness names and numbers
• Shoes and clothing kept
• Receipt or proof you were a customer
• Video preservation request sent quickly
• No recorded statement or signed release before getting advice

Hurt in a fall at a store or business in Indiana? Call 1-800-265-9881 or send the free case review form. We can help request the video before it is gone.

General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.