Does an accident report have to be filled out at the time of the fall?
In the State of Florida, when it comes to slip-and-fall law, there is no requirement that an accident report needs to be filled out at the time of the fall. However, it's always a good idea to have an accident report filled out. We can't stress enough how many times we've seen the insurance company or the defendant come back and say, "We can't find any evidence that this fall occurred." Or, "How do we know this happened?"
When we actually have an accident report to show them, they really can't make that argument anymore. In addition, it puts more onus or more requirement on them to preserve any evidence, specifically when it comes to business's surveillance footage. Now it puts more of a requirement on them to save that surveillance footage, which will help prove your case.
Although there is no requirement to have an accident report filled out, it does not bar your claim or prevent you from having a claim by not doing so, it's always a good idea to have an accident report filled out shortly after you're involved in a premise's liability case.