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How to Preserve Video Evidence After a Slip and Fall

Surveillance footage often decides slip and fall cases — but most systems overwrite it within days.

If your fall happened somewhere with cameras, the surveillance footage may be the single most important piece of evidence in your case. It is also the piece of evidence most at risk of disappearing.

The short window you have

Most surveillance systems overwrite recordings every one to four weeks, and some cycle through much faster. In practice, you often have no more than 24 to 48 hours to request preservation before footage is gone for good.

What to do immediately

Step 1: Tell the manager

Report the fall on the spot and clearly ask that surveillance video be preserved: “I was just injured here. I want you to preserve all surveillance video from the last few hours.”

Step 2: Follow up in writing

The same day, send an email or written notice to the property or store manager describing the date, time, and location of the fall, and formally requesting preservation of footage from before and after the incident. Keep a copy of that request.

Step 3: Contact an attorney right away

An attorney can send a formal legal preservation letter, which puts the property owner on notice that destroying the footage could have serious legal consequences. This step should happen as soon as possible — ideally within a day or two of the fall.

Why the video matters so much

Footage showing exactly how long a hazard was on the floor before you fell can be the difference between a strong claim and a difficult one. A hazard visible for thirty minutes tells a very different story than one that appeared seconds before you slipped.

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Frequently Asked Questions

How long do stores keep surveillance footage?
It varies widely, but many systems overwrite footage within one to four weeks, and some cycle much faster. Requesting preservation immediately is the safest approach.
What if I did not ask the store to preserve video right away?
Contact an attorney as soon as possible anyway. Depending on the system, some footage may still exist, and other evidence may help establish what happened.
Can a store legally delete video after I've asked them to keep it?
Once a formal preservation request or legal notice has been sent, destroying relevant evidence can expose the business to serious legal consequences.
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