Why getting store video after a slip and fall is harder than most people think
One of the first things clients ask us after a store fall is,
“Can you get the video of me falling?”
Most people assume a lawyer can simply send a letter and the store or insurance company has to turn the video over. Unfortunately, that is not how it works.
In most cases, we cannot obtain the actual surveillance footage unless a lawsuit is filed.
What we can do right away is send a formal legal notice to the store and its insurance company requiring them to preserve all video footage related to your incident. This notice tells them that litigation is expected and that the video must not be deleted, overwritten, or destroyed.
This step is critical.
Many stores automatically overwrite surveillance footage after a short period of time. Without a preservation notice, important evidence can disappear before a case is ever filed.
Once a lawsuit is filed, we can then formally request the video through the legal discovery process so both sides can review it.
It is also important to understand this reality:
insurance companies rarely provide video before a lawsuit is filed, unless the footage clearly hurts your case.
That is why acting quickly after a slip or trip and fall is so important.
If you were hurt in a store and believe video exists, do not wait.
In pain? Call Shane.
Shane Smith Law – 980-999-9999
