Yes. While an incident report can help establish the facts, it is not required to bring a claim.
Photos of the hazard, witness statements, medical records, and surveillance footage — which should be requested quickly before it’s overwritten — can all support a premises liability case even if the business never generated a written report.
A Houston trial lawyer since 2009 — representing injured people and their families, and defending the accused in DWI and criminal cases. Jay is an ACS-CHAL Forensic Lawyer-Scientist, a certified practitioner and instructor of Standardized Field Sobriety Testing, a certified Drug Recognition Expert, and trained in forensic chromatography. He is a member of the National College for DUI Defense, a founding member of the DUI Defense Lawyers Association, and an appointee to the Texas Indigent Defense Commission by Gov. Abbott in 2024.
Last reviewed July 2026 · This article is legal information, not legal advice. Read Jay’s full bio →