If you’ve been injured in a slip-and-fall accident on someone else’s property, one of the first questions you might have is whether the property owner is required to give you access to any surveillance footage of the incident. After all, video evidence can play a crucial role in proving what happened, especially if your injuries resulted from unsafe conditions.
So, are you legally entitled to this footage? The answer depends on several factors, including the timing of your request, the type of property, and whether you’ve filed a legal claim.
Surveillance Footage Is Valuable Evidence
Security camera footage can help establish liability in many slip-and-fall or trip-and-fall cases. The video might show:
- The exact moment of your fall
- The condition of the property at the time (e.g., a wet floor, uneven pavement, or poor lighting)
- How long the hazardous condition existed before your accident
- Whether the property owner or staff took any steps to address the danger
This kind of evidence can be the difference between a successful personal injury claim and one that’s denied for “lack of proof.”
Are Property Owners Legally Required to Hand Over the Footage?
Generally, property owners are not legally required to voluntarily hand over surveillance footage—at least not right away. If you request the footage informally after the accident, they may refuse to give it to you or even claim the footage is no longer available.
However, things change once you file a personal injury claim or lawsuit. Through a legal process called discovery, your attorney can formally request the footage as part of your case. At that point, the property owner is legally obligated to preserve and produce relevant evidence, including video footage, if it exists.
Timing Is Critical
Surveillance footage is often overwritten or deleted on a regular schedule—sometimes within days or weeks. That’s why it’s essential to act quickly. If you wait too long, the footage may be gone before your lawyer can request it.
To help protect your rights:
- Report the incident immediately to the property owner or manager.
- Ask in writing that any surveillance footage of the incident be preserved.
- Contact a personal injury attorney as soon as possible so they can send a formal preservation letter and begin investigating.
A preservation letter, also known as a spoliation letter, puts the property owner on notice that they must retain all relevant evidence. If they ignore this request and delete the footage, they could face legal consequences in your case.
If the property owner refuses your request and hasn’t been served with a formal discovery demand, they may legally choose not to release the footage. But once your case moves into litigation, their ability to withhold the video becomes limited.
If the footage “goes missing” after a preservation letter has been sent or after a lawsuit is filed, the court may impose sanctions or allow a jury to assume that the missing footage would have been unfavorable to the property owner.
Why You Need a Lawyer’s Help
Navigating the legal system and preserving critical evidence isn’t easy to do alone. An experienced personal injury attorney knows how to move quickly, issue proper legal requests, and build a strong case using all available evidence—including surveillance video.
If you’ve been injured in a fall on someone else’s property, don’t wait. The sooner you act, the better your chances of obtaining the footage and getting the compensation you deserve.
Contact a Florida Personal Injury Lawyer
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Chris received his Juris Doctorate from Florida State University College of Law in 2008, and he was admitted to the Florida Bar in December of 2008 followed by the State Bar of Texas in May of 2009. He has litigated, mediated, and resolved over five hundred first-party storm damage claims, and he has litigated, mediated, and successfully resolved multiple major construction defect claims with recoveries in excess of $1,800,000.00.
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