Getting hurt in a store feels awful. One minute you’re shopping for groceries at Ralphs, the next you’re on the ground, wondering what happened. Your back aches. Maybe your wrist throbs. You’re embarrassed, confused, and probably a little shaken up.
Store slip and fall accidents happen more than you might think. Wet floors near the produce section. Loose mats by the entrance. Poor lighting in the aisles. These hazards can turn a routine shopping trip into a nightmare. The worst part? Most of these accidents could have been prevented if the store had done its job properly.
What you do in the next few minutes and days matters. A lot. The steps you take right after your fall can make or break any potential legal case. Don’t let a store’s negligence cost you thousands in medical bills and lost wages without fighting back.
First Things First: Protect Your Health and Your Legal Rights
Take a deep breath. I know that sounds simple, but people panic after accidents. Your adrenaline is pumping. You might feel fine right now, but that doesn’t mean you are fine.
Get medical attention immediately if you’re seriously hurt. Don’t let store employees or other customers talk you out of calling 911 if you need it. Some injuries – especially head trauma or spinal damage – don’t show symptoms right away. What feels like a minor bump today could be something much more serious.
Even if you think you’re okay, consider getting checked out by a doctor within 24 hours. Insurance companies love to argue that delayed medical treatment means your injuries weren’t that bad. Don’t give them that ammunition.
Step-by-Step: What to Do Right After the Fall
1. Document the Scene
Your phone is your best friend right now. Take pictures of everything. The hazard that caused your fall. The surrounding area. Any warning signs that were missing. Lack of proper lighting. Cluttered aisles.
Get wide shots and close-ups. Take photos from different angles. If there was a spill, photograph it. If a mat was bunched up, capture that. If the lighting was poor, your photos might show that too.
Don’t wait. Store employees will clean up evidence fast. That spill near the deli counter? It’ll be gone in minutes once management realizes someone got hurt.
2. Report the Incident to Store Management
Find a manager immediately. Not just any employee – you need to speak with someone in charge. Many stores have specific incident report forms. Fill one out completely and ask for a copy.
Be factual about what happened, but don’t speculate about fault. Say “I slipped on a wet floor” not “the store didn’t put up warning signs.” Stick to the basic facts of what occurred.
If they won’t give you a copy of the report, ask for the incident number and the manager’s name. Write down exactly what time you reported the accident and who you spoke with.
3. Collect Witness Information
Other shoppers or employees might have seen your fall or noticed the hazard before it happened. Get their names and phone numbers if possible. Ask them to briefly describe what they saw.
Sometimes witnesses leave quickly, so act fast. A simple “Excuse me, did you see what happened? Could I get your contact information?” works fine. Most people are willing to help.
These witness statements can be gold later. They provide independent confirmation that a dangerous condition existed and that you weren’t just careless.
4. Preserve What You Were Wearing
This might sound odd, but your clothes and shoes are evidence. Don’t throw them away or wash them. Store them in a safe place.
Why does this matter? Insurance companies and store lawyers love to blame victims. They’ll argue your shoes were inappropriate or your clothing somehow contributed to the fall. Having the actual items preserved can help your attorney counter these arguments.
If there’s any substance on your shoes or clothes from what caused the slip, that’s physical evidence of the hazard.
5. Don’t Talk to Insurance Adjusters Alone
Store insurance companies move fast. You might get a call within hours offering a quick settlement. Don’t take it. Don’t give recorded statements. Don’t sign anything.
These adjusters are trained professionals whose job is to save their company money. They’ll ask questions designed to get you to say something that hurts your case. “You were walking pretty fast, weren’t you?” or “You were looking at your phone when it happened, right?”
A simple “I need to speak with my attorney first” is all you need to say.
Get Prompt Medical Treatment
Even if you feel fine, see a doctor soon. Your body is designed to mask pain during stressful situations. What your brain interprets as “just sore” might actually be a significant injury.
Head injuries are particularly tricky. A concussion doesn’t always cause immediate symptoms. Back and neck injuries can take days to fully manifest. Joint damage might not hurt until the swelling starts.
Follow all your doctor’s recommendations. Go to every appointment. Take prescribed medications. Complete physical therapy if recommended. Insurance companies scrutinize medical records looking for gaps in treatment they can use against you.
Understand the Legal Side of a Store Slip and Fall in California
California law requires store owners to maintain safe premises for customers. This isn’t just good business practice – it’s a legal obligation. Stores must regularly inspect their property, fix dangerous conditions promptly, and warn customers about hazards they can’t immediately repair.
Common store hazards include wet floors without warning signs, loose entrance mats, poor lighting that hides obstacles, and cluttered aisles that create tripping hazards. When stores fail to address these problems, they can be held liable for injuries.
California uses a “comparative negligence” system. This means you can still recover compensation even if you were partially at fault for your accident. If you were texting while walking and slipped on an unmarked wet floor, a jury might find you 20% responsible and the store 80% responsible. You’d still receive 80% of your damages.
The key is proving the store knew or should have known about the dangerous condition. A spill that just happened might not be the store’s fault. But a spill that had been there for an hour? That’s likely negligence.
What You Shouldn’t Do After a Slip and Fall
Don’t post about your accident on social media. Insurance companies and store lawyers will be looking at your Facebook, Instagram, and Twitter accounts. That photo of you at your nephew’s birthday party two weeks after your fall? They’ll argue it proves you weren’t really hurt.
Don’t throw away the clothes or shoes you were wearing. As mentioned earlier, these items can be important evidence.
Don’t wait too long to get legal help. Evidence disappears. Witnesses forget details. Security camera footage gets recorded over after 30 days at most stores.
Don’t try to handle this alone. Store insurance companies have teams of lawyers and adjusters working to minimize what they pay you. You need someone on your side who knows how to fight back.
How a Slip and Fall Lawyer Can Help You Build a Strong Case
An experienced slip and fall injury lawyer in Orange County knows how to investigate store liability cases properly. They understand what evidence matters most and how to get it before it disappears.
Security footage is crucial in these cases. Most stores have cameras, but they don’t keep the footage forever. Your lawyer can send a formal preservation letter requiring the store to save all relevant video evidence.
Store maintenance logs can show patterns of negligence. Maybe this isn’t the first time someone slipped in that exact spot. Your attorney can request these records through the legal discovery process.
Medical expert testimony might be needed to connect your injuries to the fall. Your lawyer can work with qualified doctors who understand how to explain complex medical issues to insurance adjusters and juries.
Most importantly, an experienced attorney knows how much your case is worth. Store insurance companies often make quick, lowball offers hoping you’ll take the money and go away. A lawyer can tell you whether that offer is fair or if you should demand more.
Talk to an Orange County Slip and Fall Lawyer Today
Don’t let a store’s negligence cost you thousands of dollars in medical bills and lost income. You deserve compensation for your injuries, and California law gives you the right to pursue it.
The attorneys at Kubota & Craig offer free consultations for store slip and fall cases. They work on a contingency fee basis, which means no legal fees unless they win your case. You have nothing to lose by getting advice about your rights.
Time matters in these cases. California gives you two years to file a lawsuit, but evidence starts disappearing immediately. Security footage gets erased. Witnesses move away or forget details. The sooner you contact an attorney, the stronger your case will be.
Call today or fill out their online contact form. The consultation is free, and you’ll get honest answers about whether you have a valid claim. Don’t let a store injury turn into a financial disaster when help is available.
Whether your accident happened at Target, Costco, Ralphs, or any other Orange County retailer, you have rights. Let an experienced premises liability lawyer help you understand and protect them.
About the Author and Legal Information
Legal Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every slip and fall case is unique, and outcomes depend on specific facts and circumstances. Past results do not guarantee future outcomes. All case examples mentioned are for illustrative purposes only. Consult with a qualified California premises liability attorney for advice specific to your situation.
Attorney Advertising Notice: This communication is attorney advertising as defined by California Rules of Professional Conduct Rule 7.3.
By Yoshiaki C. Kubota, Esq. California State Bar #175555 | AV Preeminent Rating. Published: October 13, 2025
About the Author:
Yoshiaki C. Kubota is a founding partner at Kubota & Craig, PC, and has been a California-licensed attorney since 1994 (State Bar #175555). With over 30 years of experience in personal injury law, he has successfully handled hundreds of slip and fall and premises liability cases throughout Orange County. He holds an AV Preeminent rating from Martindale-Hubbell and has been recognized as a Super Lawyer from 2010-2024. His firm has recovered over $200 million for injured clients, and he has personally tried more than 45 jury trials. Kubota has particular expertise in complex premises liability cases involving retail establishments and commercial properties.
Sources:
- California Civil Code Section 1714 (General Negligence and Premises Liability)
- California Civil Jury Instructions (CACI) 1000-1012 (Premises Liability)
- California Code of Civil Procedure Section 335.1 (Statute of Limitations)
- Centers for Disease Control and Prevention Injury Prevention Guidelines
- National Safety Council Retail Safety Statistics
- California Department of Public Health Injury Surveillance Data
- Orange County Health Care Agency Safety Reports
