Illustration only. While you deal with medical needs, hold on to the records and belongings already in your possession.
Medical care comes first. Nothing on this page should push it down the list.
Over the next three days | Where this guide covers it |
|---|---|
Get checked and keep the paperwork | Start with medical needs |
Tell the store what you saw, and only that | Report it, but don't guess |
Keep photos, receipts, shoes, and messages as they are | Photos, belongings, and records |
Ask a lawyer about video before it's gone | Ask for preservation promptly |
Why 72 hours? It's a way to organize the work, not a statutory grace period. No Texas rule makes every injured customer finish a checklist by hour 72.
In a busy store, a puddle can be gone in ten minutes and the shopper who saw it can be in the parking lot. Notes you make today let a lawyer check the facts later instead of guessing at them.
Start with medical needs
If this is you | Do this |
|---|---|
A hard hit to the head, a wrist you can't turn, or a knee that won't hold you | Get medical help first. Photos of the aisle can wait. |
A manager wants to talk before you've been checked | Your care comes first; the conversation can happen later |
You felt fine that night and woke up stiff or dizzy | Get checked and tell the provider the real sequence |
A nurse asks what happened | Describe the fall and the symptoms honestly. Don't call pain immediate if it wasn't. |
A truthful chronology lets your doctor, and later your lawyer, judge the event reliably.
Paperwork to keep | Why it's useful |
|---|---|
ER or urgent care discharge sheet | Dates the visit and shows your complaint that day |
Appointment cards and referrals | Tells your lawyer which providers to request records from |
Pharmacy labels and printouts | Ties each medication to a date |
A list of every place you were treated | Cuts weeks off a records request |
Medical records support the injury part of a claim. On their own, they don't prove Target knew about a dangerous floor.
Report it, but don't guess
If you can, tell a manager. Get the manager's name and a reference number.
If this is what happened | You might say |
|---|---|
You saw the liquid only once you were down | "I didn't see anything before. I noticed the wet spot when I was on the floor." |
You know where, but not what caused it | "Aisle 14, next to the paper towels. I don't know where the liquid came from." |
Someone suggests a cause you didn't see | "I didn't see a cooler leaking. I can only tell you my foot slid." |
You remember a new detail later | Write it down and tell your lawyer. Don't quietly rewrite your first account. |
"Near the front" could cover a dozen cameras. "Checkout lane 9, past the card reader" points to one spot.
They hand you something to sign | Do this |
|---|---|
A factual incident report | Read it and ask them to fix anything wrong |
Anything that sounds like a release | Don't sign until you understand it; a release is not a report |
No copy offered | Ask for one. If they refuse, note that you asked and keep your own written account. |
Photograph the scene in layers
Take pictures only where it's safe and lawful. Stay out of stockrooms, let employees work, and don't try to recreate the fall.
Shot | What it captures | What it can miss |
|---|---|---|
The approach | The 15 or 20 feet you walked before the fall | Clear liquid, which often doesn't show from a distance |
The spot itself | The puddle, the torn packaging, the curled mat edge | The warning sign three feet to the left |
The surroundings | Shelving, doors, a cooler or floor scrubber nearby | Fine detail on the floor |
The wide view | Overhead lights, any warning signs, the whole aisle | Whether the floor was wet at all |
If cleanup already started, shoot from where you are and jot down the time. A photo taken after the scene changed should be labeled as later.
Your photo files | Do | Don't |
|---|---|---|
Originals | Keep them on the phone with metadata intact | Delete them after sending copies |
Copies for your lawyer | Email or text copies | Send only a compressed social-media version |
Marked-up versions | Draw arrows on a separate copy | Mark up or filter the only copy |
Ask willing witnesses for contact information
A witness might have seen | Why it matters |
|---|---|
The condition before you got there | Timing, which is often the hardest thing to prove |
The fall itself | How it happened |
An earlier warning to an employee | Possible evidence the store knew |
How staff responded | Cleanup, cones, and what was said |
Do | Don't |
|---|---|
Get a name and a phone number or email that will still work in six months | Wait until later to track people down |
Note what each person told you and when | Put quotation marks around words you don't remember exactly |
Ask, "Which worker did you tell, and when?" | Treat "I told one of the workers" as proof without details |
Keep your sister's or friend's memory separate from yours | Write one shared story for everyone to adopt |
Let people decide whether to help | Pressure anyone, or offer money for favorable testimony |
A companion can describe your approach and how you looked on the floor. Being family doesn't tell them how long an unseen spill had been there.
Keep the shoes and clothes you were wearing
Shoes can matter for traction, tread wear, and fit. Clothing may show moisture, residue, or a tear. Set them aside and ask your lawyer how to store them.
If this already happened | Make a note of it |
|---|---|
You washed the jeans before you knew they mattered | When, and why |
You kept wearing the sneakers | About how many days |
A cane, walker, cart, or shopping bag was involved | Where it is now and whether it changed |
Someone else held on to an item | Who kept it and where |
Never add a stain or alter anything to make it look more connected to the fall. An honest history beats pretending nothing changed.
A cane or walker you own stays with your other items. A store cart is store property; don't take it home. Your lawyer can ask the store to preserve it and arrange an inspection through proper channels.
Use receipts and app records as timeline anchors
Record | What it can show | What it usually can't show |
|---|---|---|
Receipt stamped 3:47 p.m. | Which store, and when you checked out | Whether you fell before or after paying |
Order pickup confirmation | Why you were there and roughly when | Where in the store you fell |
Parking app or garage ticket | When you arrived or left | What happened in between |
A text you sent from the floor | Your account in the moment | The exact minute of the fall |
Photos your friend took on the way out | How the aisle looked ten minutes later | Who spilled what |
Expect the times to disagree. The manager types the report at 4:05, your receipt says 3:47, and the camera clock may run fast. Keep every record as it is and let your lawyer line them up; squeezing them into one exact minute can make you look less credible.
Your private chronology for your lawyer | Example entry (hypothetical) |
|---|---|
Before the fall | "Came in the north doors about 3:15, headed to household goods." |
The fall | "Right foot slid near the paper towels. Landed on my left hip." |
Help and report | "Employee in a red shirt helped me up. Manager took my name." |
Leaving and treatment | "Left about 4:00. Urgent care that evening." |
Uncertain times | "About 3:30, maybe a little later." |
Write it as soon as you're able and ask the lawyer how to handle communications. Privilege depends on the circumstances, not on writing "confidential" across the top.
Ask for preservation promptly
Store video can be recorded over. A lawyer can send Target a short letter asking it to keep specific footage and records, aimed at your store and your hour rather than every record in Texas.
A preservation notice should identify | Example (hypothetical) |
|---|---|
The store | The street address on the receipt |
The date and best estimate of time | March 14, around 3:40 p.m. |
The exact spot | Aisle 14, household goods |
Footage from before the fall | From 3:10 p.m., in case it shows a bottle breaking, an employee walking by, or another shopper pointing at the floor |
Neighboring cameras | The next aisle over, which may show the source or the response |
A short description | "Customer slipped on clear liquid and fell" |
The window should be justified by the facts. Notice often depends on what happened earlier.
After the request | Keep in mind |
|---|---|
Does it guarantee anything? | No. Footage may not exist, and a request isn't an order to hand it over. |
Retention versus access | Keeping the video and getting a copy are separate questions |
Follow-up | Your lawyer should document every contact |
Your own evidence | Protect it at the same time. The surveillance video article covers the technical and legal details. |
Be careful with claims communications
What arrives | How to handle it |
|---|---|
Letters, emails, texts, claim numbers | Save all of them, with the name of each person you spoke to |
A request for your bills | Often just part of the investigation; it doesn't mean the store accepted responsibility |
A medical authorization | Ask what it covers. A narrow request about this injury differs from a release of your whole history. |
A friendly call from an adjuster | Courtesy isn't an admission. Take notes. |
A payment offer | It may carry release language. Understand the terms before you accept or sign. |
Your lawyer can narrow an authorization; that's different from hiding records. And don't stretch the truth. A sore back from 2023 that you leave out, or a post you delete, can sink a claim that was otherwise solid.
A practical three-day sequence
Day | Focus | For example |
|---|---|---|
Day 1 (the day of the fall) | Care, reporting, safe photos, and witness contacts; keep the items you already have | An ankle X-ray at urgent care, a reference number from the manager, and the sneakers set aside in a bag |
Day 2 | Organize records and get a legal evaluation if the injury or circumstances justify one; give your best time and location so preservation can be targeted | Find the receipt, write "about 3:40 p.m., aisle 14," and mention anything urgent, like a floor repair scheduled that week or a witness who's moving |
Day 3 and after | Medical follow-up, saving communications, and deciding about representation | Keep the orthopedic appointment, save the adjuster's email, and ask the lawyer about next steps and what facts could change the evaluation |
Too hurt for the Day 1 list? Ask whoever is with you. Missing a step doesn't automatically defeat a claim. But if a deadline or a preservation problem is urgent, don't wait for day three.
Why this matters if the case goes forward
What you gathered | How a lawyer uses it |
|---|---|
Your photos | Points to the camera views worth requesting |
Your witness list | Separates people who saw the condition from people who saw only the aftermath |
The 3:47 receipt | Which store, and roughly which half hour to pull video for |
Your list of doctors and visits | Whose records to request, and whether the fall caused the injury |
Some of it may hurt. Maybe your own photo shows a yellow sign right where you walked, or a witness says another shopper dropped a soda seconds before you got there. A good lawyer weighs that rather than burying it. Knowing early can save you money on a case that won't work, or help you judge a settlement offer realistically.
Prompt preservation doesn't guarantee a claim. It keeps the facts you need to decide whether a lawsuit is justified.
Why consider Aaron Herbert early
Fact | What it means after a Target fall |
|---|---|
The State Bar lists Aaron A. Herbert as Board Certified in Personal Injury Trial Law. S1 S3 | Even a fall that looks simple can turn into a fight over video, depositions, experts, and trial preparation. |
A consultation should connect the credential to a plan | Ask how the firm would investigate your incident, who would handle preservation, and what it needs to know before recommending a lawsuit. |
A useful plan is candid | Expect to hear about weaknesses, likely costs, and how often you'll get updates, not a promise that Target will pay because you hired a lawyer. |
Frequently asked questions
Question | Short answer |
|---|---|
Is it too late if I already left the store? | Not necessarily. Keep what you have, get appropriate care, and be ready to explain when and why you left. Your lawyer can look for other evidence. Don't go back just to recreate a scene that no longer exists. |
Should I post the video online? | Hold off and ask your lawyer. A post compresses the clip, can reveal private details to strangers, and the store's lawyers will read it. Already posted? Leave it up until you've had advice about preservation. |
Does the store report protect my deadline? | No. Reporting a fall and filing a lawsuit are separate. The general Texas personal injury period is usually two years, but a lawyer should calculate your limitations and service deadlines from your facts. S6 |
Request an evaluation
Contact the Law Firm of Aaron A. Herbert, P.C. through InjuryAttorneyOfDallas.com.
Have this ready | Ask this |
|---|---|
Store location and date | What should be preserved right away? |
Photos and witness names | What proof is still missing? |
Treatment information and claims correspondence | Which next stages matter for my facts? |
This article is educational information only. Representation and fees require an agreement. This independent resource is not affiliated with Target. For the next stages, read the comprehensive Target litigation guide and the supporting articles on preservation and notice.
Related Target injury resources
- Target injury knowledge hub
- Comprehensive guide to suing Target in Texas
- Preserving Target Surveillance Video After a Texas Injury
- Proving Target Knew About a Dangerous Condition in Texas
- Filing a Target Injury Lawsuit in Texas and Identifying the Right Defendants
Legal and factual sources
S1 Aaron Alan Herbert State Bar profile including specialty listing. Read source.
S3 Texas Board of Legal Specialization certification standards and Personal Injury Trial Law requirements. Read source.
S6 Texas Civil Practice and Remedies Code section 16.003 and related Chapter 16 provisions. Read source.