How “Blind Accidents” Can Destroy Your Injury Case

Why Failing to Report a Blind Accident Injury in Costco or Other Stores Can Destroy Your Case

At Rosenberg & Rodriguez, we receive calls every day from people who were injured in major retail stores across New York—Costco, BJ’s, Target, Walmart, and countless others. And time and time again, the conversation begins with:

“I fell, I got hurt… but I didn’t report it.”

As personal injury lawyers, our alarms go off the moment we hear that. Why? Because this is what we call a “blind accident.” And blind accidents are some of the most difficult cases to prove in court.

This blog will walk you through why reporting matters, how failing to do so jeopardizes your claim, and what steps you must take to protect your legal rights after an injury in any retail store.

What Is a “Blind Accident”?

A blind accident refers to any personal injury incident where:

1. The accident was never reported to store staff or management

2. There are no known witnesses

3. There is no surveillance footage preserved

4. The injured person leaves the premises without notifying anyone

From a legal perspective, blind accidents are incredibly problematic. Insurance companies and retail defense teams often treat them as potentially fraudulent claims—because without evidence, it’s your word against theirs.

Let us explain with a real-world example.

Example: A Fall With No Report, No Witnesses

A 75-year-old woman, visited a Brooklyn Costco and slipped in one of the aisles, injuring her neck and shoulder. She wisely went to the emergency room the same day. But there was a big problem:

1. She never told a Costco employee what happened

2. She didn’t file a report

3. She didn’t take pictures

4. No witnesses were present

5. She left the store and sought treatment later

When she called our firm and shared this, our first questions were:

1. When exactly did this happen?

2. Did you report the incident to anyone at Costco?

Her answer to both was no. That instantly dropped her chances of a successful claim to about 10%—and that’s being generous.

Why Are Blind Accidents So Difficult to Win?

In New York personal injury law, evidence is everything. When an accident goes unreported and undocumented, defense attorneys and insurance companies will argue:

“We have no idea if the fall actually happened here. It could have happened anywhere.”

And they’re not wrong—legally speaking.

If someone falls on the street or in their home, they can’t hold a store liable. So if there’s no report, no video, and no witnesses linking the injury to the store, the entire foundation of the claim is in doubt.

In fact, most large retailers like Costco automatically delete surveillance footage after a set period (sometimes as little as 7–30 days) unless a report triggers preservation. Once that video is gone, so is your ability to prove liability.

How Can Blind Accident Cases Be Won?

We’re not saying it’s impossible—but the burden of proof becomes incredibly high. To win a blind accident case, you’ll typically need:

1. Immediate and consistent medical treatment

2. Objective injuries confirmed by MRIs, scans, or surgery

3. Proof of a dangerous condition (e.g., wet floors, fallen boxes)

4. Surveillance footage that was preserved in time

5. A clear and compelling link between the injury and the store location

Even with all of the above, juries and judges may remain skeptical without a report or witness statement. So your odds remain lower compared to a documented claim.

Why You Must Report an Accident Immediately

Reporting the incident isn’t just a formality—it’s a critical part of building your legal case. Here’s what reporting does:

1. Triggers video preservation before footage is overwritten

2. Creates a documented record of the incident

3. Alerts store employees who may later testify

4. Strengthens credibility with insurers and courts

Failing to report not only weakens your claim, it may completely eliminate your ability to pursue damages.

What Should You Do If You’re Hurt in Costco, Target, or Any NY Retail Store?

Whether you slipped on a spill or were struck by falling merchandise, here’s the checklist we give every client:

1. Notify a manager immediately.
2. Request an incident report and get a copy if possible.
3. Take photos or videos of the hazard.
4. Collect contact info of any witnesses.
5. Seek medical treatment the same day.
6. Call a personal injury lawyer immediately.

These steps are your best chance at preserving evidence and securing compensation for medical bills, lost wages, and pain and suffering.

A Lawyer’s Perspective: When Boxes Attack

As Attorney Laura Rosenberg explains:

“We recently helped a woman who was injured when boxes fell on her in a store aisle. She suffered neck and shoulder injuries. She went to the ER—great—but didn’t report the incident. No witnesses. No photos. And no video was preserved.”

“That’s what we call a blind accident. It may sound like an easy case, but it’s legally complex. These cases draw extra scrutiny because they lack proof. If an ambulance had picked her up from the store, that alone would have changed the strength of the claim dramatically.”

Even something as simple as a slip can turn into a legal Rubik’s Cube if not documented properly.

Why Older Adults Face Even More Challenges

Blind accidents are especially problematic for senior citizens. Here’s why:

1. Medicare involvement can complicate reimbursement and lien issues

2. Pre-existing conditions make it harder to separate old injuries from new ones

3. Pain and suffering claims often face more skepticism

4. Future damages are harder to quantify if someone is already retired or disabled

That’s why it’s critical for older adults—and their families—to document everything meticulously after an injury.

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How Insurance Companies Use Gaps Against You

Let’s say you fell at Costco on Monday but didn’t seek treatment until Thursday. That gap in time becomes a weapon for the insurance company. Their argument?

“If she were really hurt, she would’ve gone to the doctor right away.”

Gaps in care, delays in reporting, and inconsistent medical history all raise red flags in the eyes of adjusters and defense lawyers. Every delay is an opportunity for them to cast doubt on your claim.

Your Rights After a Retail Store Injury in New York

Under New York premises liability law, stores have a legal duty to keep their premises safe for customers. That means:

1. Cleaning up spills promptly

2. Securing boxes and merchandise on shelves

3. Providing clear walkways and signage

4. Monitoring for hazards like ice, debris, or fallen items

If the store knew—or should have known—about a hazard and didn’t fix it, they can be held liable for resulting injuries. But again, proving that negligence becomes much harder in blind accident cases.

Final Thoughts: Report First, Call Us Second

At Rosenberg & Rodriguez, we offer free consultations to injury victims across New York City, including Brooklyn, Queens, Manhattan, the Bronx, and Long Island. Whether you were injured at Costco, Target, or any other retail store, we’re here to help.

But help starts with documentation. If you or a loved one is injured:

1. Don’t leave the store without reporting it

2. Take photos

3. Get medical care right away

4. Call us immediately before evidence disappears

Even if you missed some of these steps, call us anyway. We’ll evaluate your claim, explain your options, and fight to get the compensation you deserve.

📞 Call us today at (718) 509-4960 for a free consultation.