You slipped on a wet floor. Now prove they knew.

The three ways to establish notice

There are exactly three, and knowing which one applies to you shapes what evidence matters.

• The store created the hazard itself — a mopping crew, a leaking cooler they installed, an overfilled drink station, a freshly waxed aisle. When the store made the mess, you generally don't have to prove they knew about it
• Actual notice — someone told them. A customer reported it, an employee saw it, it was called in over the headset. Every one of those leaves a record
• Constructive notice — it was there long enough that reasonable inspection would have found it. This is the most common and the hardest, and it is what video and sweep logs are for

Sweep logs

Most large retailers require employees to walk and inspect the floor on a schedule and initial a log. Those logs are the store's own evidence that it was being careful — and when they're produced in litigation, they frequently show the opposite.

The wet floor sign argument

The absence of a warning cone helps you, but be careful about how much weight to put on it. A store's duty is to fix hazards it knows about, and warning is only one acceptable way of discharging that duty — sometimes a cone next to a spill is legally sufficient.

What to do now

In rough order of urgency.

• Report it to a manager before you leave and insist an incident report is written. Ask for a copy or photograph it
• Photograph the substance on the floor, the surrounding area, any signage, and your shoes
• Note the exact time and the aisle or department
• Get names and numbers of anyone who saw it, including employees
• Keep the clothing and footwear you were wearing, unwashed
• Get medical attention the same day if you're hurt — a gap between the fall and treatment is the first thing a defense adjuster will point at
• Send a written preservation demand for video and sweep logs, or have someone send one, within days