When the Camera Rolls, The Truth Comes Out: Surveillance in Slip and Fall Lawsuits
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Slip and fall accidents often happen in an instant, but proving liability can take months of careful evidence gathering. That’s because property owners and their insurers rarely admit fault outright. They may argue that the hazard “just happened” or that you weren’t paying attention. This is where surveillance footage becomes a game-changer.
Video evidence offers an unbiased, clear window into what actually happened—and in many cases, it can make or break your claim. But securing that footage isn’t always straightforward, and once it’s gone, it’s gone forever. Understanding how surveillance footage works in Florida slip and fall claims is essential for protecting your rights and maximizing your recovery.
Why Surveillance Footage Matters So Much
In the aftermath of a slip and fall, you might be too shaken up to notice every detail. Witnesses may scatter, employees may be reluctant to admit what they saw, and your own memory might fade with time. Surveillance cameras don’t have those problems. They capture what happened in black and white, second by second.
Surveillance video can:
- Establish liability: Showing that the property owner or staff failed to fix or warn about a hazard.
- Refute defenses: Disproving claims that you were “careless” or “clumsy.”
- Demonstrate negligence: Proving a spill, puddle, or obstruction existed for long enough that it should have been addressed.
Example: A grocery store claims a puddle was mopped up just before your fall. Video evidence shows customers walking around it for 20 minutes before you slipped. That’s powerful proof of negligence.
Pro Tip: In many premises liability cases, surveillance video is the single most persuasive piece of evidence during settlement negotiations.
How Long Businesses Keep Footage
One of the biggest challenges with surveillance footage is that it doesn’t last forever. Most systems automatically record over old video after a certain period, and some businesses have very short retention windows.
- Small businesses: Often keep only 24–72 hours of footage.
- Restaurants: Typically overwrite video within a week.
- Retail stores or supermarkets: May keep 30 days or less.
- Apartment complexes and hotels: Retention varies widely, depending on the system.
If you wait too long, the video evidence you need could vanish before anyone even asks for it.
Did You Know? Once a business has notice of an accident and a potential claim, they are legally required to preserve any relevant evidence—including surveillance video. If they destroy or “misplace” the footage, courts may impose sanctions for spoliation of evidence.
How to Preserve Surveillance Footage
Preserving surveillance video is one of the most urgent steps after a slip and fall. Without immediate action, that crucial evidence could be erased.
- Report the incident immediately. Tell the manager what happened and request an incident report.
- Document the scene. Take photos or videos of the hazard, write down the exact time and location, and gather witness information.
- Contact an attorney quickly. Your lawyer can send a spoliation letter—a formal legal notice requiring the business to preserve video evidence.
Attorneys act fast to lock down evidence before it disappears. Once a spoliation letter is delivered, businesses can face severe consequences if they delete the footage.
Pro Tip: Even if you think your fall wasn’t captured, ask anyway. Many businesses have multiple cameras with overlapping coverage that may capture key moments.
What If a Business Refuses to Release Footage?
It’s not unusual for businesses to resist sharing surveillance footage. They may claim it’s “company policy” or raise vague privacy concerns. But if the video shows negligence, they have every reason to keep it under wraps.
The good news: you don’t have to take no for an answer.
- During the legal process, your attorney can file a formal discovery request or subpoena.
- Courts can compel businesses to hand over the footage.
- If evidence is destroyed after notice, judges may instruct juries to assume the video would have been unfavorable to the business.
Example: A retail chain refuses to release footage of a fall. During discovery, the footage is uncovered—and it shows employees stepping over the spill for hours. The refusal only strengthens the victim’s case.
Important Note: Let your lawyer handle requests for footage. A formal legal demand carries far more authority than a customer’s casual request.
How Video Evidence Shapes Slip and Fall Claims
Surveillance footage doesn’t just show what happened—it can reshape your entire case strategy. With video evidence, your attorney can:
- Build a stronger argument for settlement, often avoiding trial.
- Push back against insurer claims that you were responsible.
- Show the hazard existed long enough that the property owner “should have known” about it.
In Florida, the “notice requirement” in premises liability cases often makes or breaks a claim. Video footage can establish exactly how long the hazard was present, directly tying liability to the business.
Final Thoughts
Slip and fall cases can be tough to prove—but surveillance footage levels the playing field. It takes the guesswork out of what happened, showing jurors, insurers, and judges the reality of the incident. But it’s also fragile. Unless preserved quickly, that video may be gone forever.
If you’re injured in a slip and fall, don’t wait to act. The sooner you get an experienced attorney involved, the better the chances of securing video evidence that could make or break your claim.
Injured in a Slip and Fall? Don’t Let Video Evidence Disappear.
At DuFault Law, we know how important surveillance footage is in Florida slip and fall cases. We act fast to preserve, request, and secure video evidence—and use it to hold negligent businesses accountable.
- Call us at (239) 422-6400
- Email us at contact@dufaultlaw.com
- Or Visit our Contact Page to schedule a consultation
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