Did the Business Falsify the Incident Report After Your Slip and Fall?

If a hotel, grocery store, restaurant, or other business lied in the incident report after your accident, that falsification may be the most powerful evidence in your case. Here is why, and what to do about it.

Did the business lie about what happened?

A falsified incident report is evidence of consciousness of guilt. Board Certified attorney Alan Sackrin explains what it means for your case.

(954) 458-8655 | Call Alan
Send a message ›

What a Falsified Incident Report Actually Means for Your Case

When a business falsifies an incident report after a slip and fall, most injury victims believe this makes their case harder to prove. The opposite is true.

A falsified incident report is legal evidence of what Florida courts call consciousness of guilt: the business knew it was at fault and tried to cover it up. When a jury hears that the hotel, Publix, or restaurant lied in writing about what happened, the reaction is almost always more severe than if the business had simply admitted the hazard existed. The cover-up often hurts the defendant more than the original negligence.

Alan Sackrin has handled slip and fall cases in Florida for over 40 years, including cases where businesses falsified records, destroyed evidence, or gave false statements to police. A falsification does not hurt your case. It typically strengthens it.

How Businesses Falsify Incident Reports

Falsification takes many forms. The most common patterns Alan has encountered include:

Common Falsification Tactics

Describing the floor as dry when it was wet

This is the most common falsification. The report says “floor was dry and free of debris” when surveillance footage, witnesses, or the victim’s own wet clothing proves otherwise.

Claiming the victim was running, distracted, or at fault

The report attributes the fall to the victim’s own conduct without any factual basis. This is designed to establish comparative negligence before any investigation.

Writing that the victim declined medical attention or said they were fine

Victims in shock often say “I’m okay” before they realize the extent of their injuries. Businesses record this as an admission of no injury. Medical records from the same day typically contradict this.

Omitting the hazardous condition entirely

The report documents the fall without mentioning what caused it : no reference to the leaking freezer, the wet mat, the missing wet floor sign. The hazard is erased from the official record.

The report disappears entirely

The victim is told a report was filed, but it cannot be located. Surveillance footage is “unavailable.” This is spoliation : the destruction or concealment of evidence : and it carries its own legal consequences in Florida courts.

Manager’s story changes after surveillance footage is revealed

The manager initially describes the incident one way, then changes their account when they learn what the cameras captured. Inconsistent statements from management are powerful impeachment evidence at trial.

How Falsification Is Discovered

The business writes the incident report. You may not see it for months. In the meantime, the evidence that exposes the falsification must be preserved before it disappears. Alan Sackrin secures this evidence through formal legal process as early as possible:

Surveillance footage. Most businesses have cameras covering every area of the store. Footage is typically overwritten within 24 to 72 hours unless a legal preservation demand is sent. Alan issues spoliation letters requiring retention the moment he is retained.
Witness statements. Customers and employees who saw the fall often provide accounts that directly contradict the incident report. Alan identifies and secures these witnesses early.
Maintenance and cleaning logs. These logs show when the area was last inspected and whether the hazard was known. A log showing the area was checked moments before the fall, when surveillance footage shows it was not, is powerful evidence of falsification.
Medical records. A same-day emergency room record documenting wet clothing, an obvious point of impact, or injuries inconsistent with the incident report’s account directly contradicts the false narrative.
Prior incident reports. If the same hazard has caused prior falls at the same location, those reports are discoverable and establish that the business had actual knowledge of a recurring problem it failed to fix.

The Legal Doctrine of Spoliation

When a business destroys, conceals, or alters evidence after a claim arises, Florida law allows courts to sanction the wrongdoer. This is the doctrine of spoliation. In a slip and fall case, spoliation consequences can include:

A jury instruction permitting the jury to infer that the destroyed or concealed evidence was unfavorable to the business
Dismissal of the business’s defenses in extreme cases
A separate cause of action for the spoliation itself in certain circumstances

When Alan Sackrin issues a preservation demand and the business ignores it and the evidence disappears, that failure becomes part of the case. A jury that hears “the company was told to preserve the footage and deleted it anyway” typically responds with significant skepticism toward the defense.

Why This Matters for Your Case Specifically

Florida premises liability law requires the injured victim to prove that the business knew or should have known about the dangerous condition. This is often the hardest element to establish. When the business falsifies the incident report, they have effectively shown they did know. The falsification is evidence of knowledge. A business that had no notice of a hazard has no reason to lie about it.

Under Florida Statute 768.0755, constructive knowledge can be inferred from the circumstances. A falsified incident report, destroyed surveillance footage, or a manager whose account changes are all circumstances from which a jury can draw adverse inferences about what the business knew and when it knew it.

Alan Sackrin’s Slip and Fall Results

The following are a sample of results in premises liability cases where the business disputed liability. Past results do not guarantee a similar outcome.

$175,000 for a back injury sustained from a slip and fall on water at Wendy’s where the source of the water was never determined by the business
$171,000 jury verdict against Walmart when the business denied the incident ever happened
$125,000 against Home Depot where the business’s employee caused the injury and then disputed involvement
Multiple Publix settlements including cases where Publix risk management disputed both the hazard and the extent of the injuries

See the full list: Alan Sackrin’s Verdicts and Settlements

Frequently Asked Questions

The incident report says the floor was dry but it was wet. What do I do? +

Call Alan Sackrin immediately. The incident report is one piece of evidence, and it is often the least reliable. Surveillance footage, witness statements, your wet clothing, and your medical records may all contradict what the manager wrote. The sooner Alan is involved, the more of this evidence can be preserved before it disappears.

The business says there is no incident report. Is my case over? +

No. The absence of an incident report can itself be evidence of negligence or concealment if you can prove a report was made or should have been made. Alan Sackrin can subpoena records, depose managers, and obtain surveillance footage through formal discovery. A missing report where one should exist is a fact pattern Florida courts and juries take seriously.

Can I sue the business for lying in the incident report? +

The falsification of the incident report is typically used as evidence within your slip and fall negligence claim rather than as a separate lawsuit. However, depending on the facts, additional claims for fraud or concealment may be available, and the falsification can support an argument for punitive damages in cases involving intentional misconduct. Alan Sackrin will evaluate all available claims in your free consultation.

How long do I have to file a slip and fall claim in Florida? +

Two years from the date of the injury under Florida Statute 95.11(3)(a). This was reduced from four years in 2023. Do not wait. Surveillance footage is gone within days. Witnesses move. The longer you wait, the more evidence the business has time to lose, alter, or explain away.

Free Consultation • • No Fee Unless We Win

Did the Business Lie About What Happened? Speak With Alan Sackrin.

A falsified incident report is not the end of your case. It may be the strongest evidence you have. Alan Sackrin is a Board Certified Civil Trial Lawyer with 40+ years of experience handling slip and fall cases where businesses disputed or concealed what happened.

<(954) 458-8655 | Call Alan Now
or send a message ›

✓Board Certified

Civil Trial Lawyer. Fewer than 2% of Florida attorneys hold this designation.

✓No Fee Unless We Win

Zero cost unless money is recovered on your behalf.

✓Takes Cases to Trial

When businesses deny responsibility, Alan goes to court.

Business Falsified the Incident Report After Your Slip and Fall?