Florida Slip and Fall – Can I Get the Incident Report?

I often get calls from Jacksonville Florida people who have been injured at a business like Wal Mart, Target, Publix, and Winn Dixie.


One of the first questions from the prospective Jacksonville client regarding a personal injury matter concerns the incident report. “I fell at the store and the manager refused to give me the incident report.” Typically, a business will not release the incident report regarding the slip and fall or other injury. In Florida, a business or any other person for that matter can prepare documents and investigate incidents in anticipation of litigation or a lawsuit. This is called the work product privilege. There are some strategies that have been used to get these reports through a subpoena but typically a Judge will not require the business to produce the incident report. Although an incident report may be helpful, it is not required to prove a case or claim of negligence. All businesses in Florida have a duty to maintain its premises open to the public in a reasonable safe manner. Children are especially vulnerable to injury when a business is not properly maintained.

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