The Truth About Store Surveillance Footage in Slip and Fall Cases

If you've fallen in a store and gotten hurt, surveillance footage can make or break your case. But there's a lot that stores don't want you to know about their security cameras and how they handle recorded footage. This guide will help you understand your rights and what to do about surveillance video after a slip and fall accident.

How Quickly Can Stores Delete Their Footage?

Most stores keep their security footage for 30 to 90 days before deleting it. However, some stores might delete footage as soon as 7 days after recording it if they don't think they need to keep it. This means you need to act fast after an accident to make sure the video evidence is saved.

Stores use different types of recording systems. Some use older systems that record over old footage automatically when they run out of storage space. Other stores have modern digital systems that can store footage for much longer. The problem is that you usually won't know which type of system the store uses until you ask.

Many stores have policies about saving footage of accidents, but they don't always follow these policies perfectly. Sometimes footage gets deleted by accident or because an employee didn't know they were supposed to save it. This is why it's so important to request the footage right away after an accident.

Your Rights to Request Evidence Preservation

You have the right to ask the store to save any video footage of your accident. This is called "evidence preservation." The best way to do this is to send the store a letter right after the accident. This letter should tell them to save all video footage from the day you fell, including footage from before and after the accident.

The law requires stores to keep evidence that might be important for a lawsuit. If they delete footage after you've asked them to save it, they could get in trouble with the court. This is called "spoliation of evidence." A judge might even tell the jury to assume the deleted footage would have helped prove your case.

To protect your rights, make sure to put your request in writing. Send it by certified mail so you can prove the store got it. Keep a copy of the letter and the certified mail receipt for your records. You should also follow up with a phone call to make sure they received your request.

Your lawyer can help you write this letter. They know exactly what to say to make sure the store takes your request seriously. They can also help you take action if the store refuses to save the footage or claims they've already deleted it.

Why Camera Angles Are So Important

The angle of the security camera can make a huge difference in proving what happened during your fall. Stores usually have multiple cameras pointing at different angles throughout the building. Some angles might show your fall clearly, while others might be blocked by shelves or displays.

Good camera angles can show what made you fall, like a spill on the floor or a broken tile. They can also show how long the dangerous condition was there before you fell. For example, if there was a spill, the footage might show when it happened and whether store employees knew about it but didn't clean it up.

The height and position of cameras matter too. Cameras mounted high up might not show small hazards on the floor very well. Sometimes stores have cameras that can zoom in and move around, while others stay fixed in one position. The more camera angles available, the better chance you have of proving your case.

How Footage Helps Prove Negligence

To win a slip and fall case, you need to prove the store was negligent. This means showing they knew about a dangerous condition or should have known about it, but didn't fix it. Security footage can help prove this in several ways.

The video might show store employees walking past the hazard without cleaning it up or putting up warning signs. It could show other customers nearly slipping in the same spot before you fell. Sometimes the footage even shows employees creating the hazard themselves, like mopping the floor without putting up wet floor signs.

Security footage can also show how long you were on the ground after falling and how store employees responded. Did they help you right away? Did they write up an incident report? Did they take pictures of the accident scene? All of this information can help prove your case.

Time stamps on the footage are very important too. They can prove exactly when the hazard appeared and how long the store had to fix it before you got hurt. This is crucial because stores are expected to find and fix dangerous conditions within a reasonable time.

What to Do if the Store Claims Cameras Weren't Working

Sometimes stores will say their cameras weren't working when you fell. They might claim the system was broken, under maintenance, or that the cameras don't record that particular area. Don't give up if this happens to your case.

First, ask for maintenance records for the security system. These records can show whether the cameras were really broken or if the store is just saying that to avoid sharing the footage. Your lawyer can get these records through the legal discovery process.

You can also ask for the store's written policies about security cameras. Most stores have rules about checking their cameras regularly and fixing them when they break. If they weren't following these policies, it could help your case.

Look for signs that cameras are present, like the small domes on the ceiling or signs saying "premises under video surveillance." Take pictures of these if you can. This evidence can help prove the store usually has working cameras in the area where you fell.

Other evidence can help your case even if there's no video. Witness statements, photos of the accident scene, and incident reports can all help prove what happened. Sometimes employees or other customers might have taken videos or pictures with their phones.

Taking Action to Protect Your Rights

The most important thing to remember is that time is not on your side when it comes to store surveillance footage. Take action right away after a slip and fall accident to protect your rights.

Report the accident to store management immediately. Ask them to preserve all video footage of the accident. Get the names and contact information of any witnesses. Take pictures of whatever made you fall and any visible injuries.

Consider talking to a lawyer right away. Many lawyers offer free consultations for slip and fall cases. They can help you request the video footage properly and take legal action if the store won't cooperate.

Remember that stores have teams of lawyers and insurance companies working to protect their interests. They know how important video evidence can be in proving your case. Don't let them take advantage of you by destroying or hiding important evidence.

The more you know about your rights regarding surveillance footage, the better prepared you'll be to handle your slip and fall case. Don't be afraid to stand up for yourself and demand that stores preserve and share video evidence of your accident. Your health and your legal rights are worth protecting.