Why Getting Store Video Is Not as Simple as People Think
A common misconception we hear from clients is this:
“All you have to do is send a letter and the store has to give you the video.”
Unfortunately, that is not how it works.
In most slip and fall cases, stores and insurance companies will not voluntarily hand over video footage before a lawsuit is filed. Writing a demand letter alone does not require them to release it.
What We Can Do Before a Lawsuit Is Filed
Even though we usually cannot obtain the video immediately, there is a critical step we take early in the case.
We send a formal preservation notice to the store and its insurance company. This legal document puts them on notice that:
- We expect litigation, or
- A lawsuit is likely to be filed
Once that notice is sent, the store is legally required to preserve all relevant video footage. They cannot delete it, overwrite it, or destroy it.
This step is essential, because many stores routinely delete surveillance video after a short period of time.
When the Video Becomes Available
After a lawsuit is filed, we can use the court process to formally request the video through discovery. At that point, the footage must be produced so everyone can review what actually happened.
Insurance companies rarely release video footage before litigation unless they believe it helps their position. If the video is damaging to their case, it is almost never voluntarily provided early.
Why This Matters for Your Case
Slip and fall cases are often won or lost based on early evidence preservation. If video footage is lost, deleted, or overwritten, it can significantly harm an otherwise strong case.
That is why timing and proper legal action matter.
If you were injured in a store, acting quickly gives your attorney the best chance to protect critical evidence before it disappears.
In pain? Call Shane at 980-999-9999.
