Why Timing Matters in Slip and Fall Cases
Timing is critical in slip and fall and premises liability cases. One of the biggest risks in these cases is that key evidence can disappear if action is not taken quickly.
Surveillance video, store layouts, and inspection records are often only kept for a short period of time. If that evidence is lost, even a strong case can become much harder to prove.
Preserving Evidence Before It Is Gone
This is why getting a lawyer involved early matters, especially a firm that regularly handles slip and fall cases.
When we take on a case, one of the first things we do is send a formal preservation letter, also known as a spoliation letter, to the store and its insurance company. This letter puts them on notice that:
- A claim exists
- Litigation is likely
- Evidence must be preserved
Once that letter is sent, the store is legally required to keep relevant evidence and cannot destroy it.
What Evidence We Ask to Preserve
We do not limit our request to a short video clip from the exact moment of the fall.
We request:
- All surveillance video from the entire day, not just a 10 or 15 minute window
- Video from surrounding areas of the store, not only where the fall occurred
- Information about end caps, displays, and aisle layouts to determine whether the store created a high-traffic area
- Evidence showing how long the hazardous condition existed and whether it was reported earlier
This broader view often reveals whether a dangerous condition was present for an extended period or whether other customers noticed and reported it before someone was injured.
The Risk of Waiting Too Long
Many stores have internal destruction policies. Some routinely delete video footage after 30 days or less if no legal notice is received.
If evidence is destroyed before a preservation letter is sent, the law often prevents it from being used against the store later. At that point, the evidence is gone, and so is a significant part of the case.
Waiting three, four, or five months can dramatically reduce the chances of recovery.
Early Action Protects Your Case
Early legal involvement helps ensure that critical evidence is preserved before it disappears. That step alone can make the difference between a viable claim and a case that cannot move forward.
If you were injured in a slip and fall, do not wait.
In pain? Call Shane at 980-999-9999.
