The video footage in slip and fall cases is a critical piece of evidence, providing clear, time-stamped proof of the incident and surrounding conditions. When that footage is missing or deleted, it can complicate the case, but it doesn’t end it. In fact, under certain circumstances, the absence of video may work in your favor if the court allows a negative inference that the footage would have supported your claim.
By consulting a slip and fall attorney at Salamati Law as soon as possible, you reduce the risk of critical video footage being lost or deleted, unless the defendant intentionally withholds it. We can immediately send a preservation letter to secure the evidence. Taking early legal action increases your chances of obtaining the evidence needed to support a strong claim.
How Missing Surveillance Footage
Can Impact Your Claim
When video is missing or deleted, the legal implications depend on the circumstances and may strengthen your claim if handled correctly:
- It may raise questions about evidence handling: If surveillance footage existed but is no longer available, courts may scrutinize when and how it was lost, especially if the property owner had notice of the incident.
- Deletion can trigger spoliation concerns: If the footage was intentionally deleted after the property owner knew (or should have known) about the fall, this may be considered spoliation of evidence, which can harm their defense.
- Courts may allow a negative inference: In cases of spoliation, the court may instruct a jury to assume the missing footage would have supported the injured person’s claim.
- It does not end the case: While helpful, surveillance video is not the only way to prove a slip and fall. Other evidence, like witness testimony, maintenance logs, incident reports, and photographs, can still support liability.
- Legal action can help preserve video: A timely preservation letter from your attorney can require the property owner to retain surveillance footage. Early legal involvement is key to protecting this evidence.
Other Sources of Video Evidence
Even if surveillance footage from the property itself is missing or deleted, other sources may help document the incident or the conditions that caused it:
- Neighboring businesses: Adjacent storefronts or offices often have exterior cameras that may capture sidewalks, shared entrances, or parking lots.
- Residential security systems: Homes or apartment buildings near the scene may have doorbell cameras or outdoor surveillance that recorded the area.
- Bystander smartphone footage: In busy locations, a witness may have recorded the incident or the immediate aftermath on a mobile device.
- Security cameras in shared spaces: In malls, shopping centers, or multi-tenant buildings, common areas may be monitored by different security systems under separate management.
Working with an attorney ensures these potential sources are identified and requested quickly, before the video is overwritten or lost.
How a Slip and Fall Attorney Can Help
A slip and fall attorney plays a critical role in preserving and obtaining surveillance footage. One of the first steps is issuing a preservation letter, a formal notice to the property owner instructing them not to alter, delete, or destroy any video evidence related to the incident. For footage captured by nearby private entities, your attorney can submit a formal request to secure relevant recordings.
If the property owner refuses to share the footage voluntarily, your attorney may issue a subpoena during the discovery phase to compel its production. To ensure admissibility in court, your legal team will document the chain of custody, confirming the footage has not been tampered with or altered.
In cases where video evidence is lost or destroyed after the property owner had reason to anticipate a claim, this may constitute spoliation of evidence. Courts may interpret spoliation as a sign that the footage would have been unfavorable to the defense.
As noted, your attorney can use this as strategic leverage in negotiations with insurers or opposing counsel, potentially strengthening your position in settlement discussions or trial..
Schedule a Free Consultation at Salamati Law
If you were seriously injured in a slip and fall accident due to property owner negligence, an experienced Los Angeles slip and fall lawyer at Salamati Law can help. We take immediate steps toward preserving evidence after a slip and fall accident to protect your claim. Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you pay no fee unless you receive compensation.
