To get CCTV or security camera footage of your slip and fall, act quickly, identify every person or company that may control the recording, and send a written preservation request before the video is erased or recorded over.
The footage may be held by a store, landlord, property owner, management company, security contractor, neighboring business, or public agency. Asking for a copy does not mean the recording will be released voluntarily. However, a prompt written notice may help preserve the evidence so we can seek it through the appropriate legal process.
Many systems retain recordings for only a limited period. Our Newport Beach slip and fall accident lawyers recommend taking action as soon as your health allows.
Who Do I Get the Security Camera Footage From After a Slip and Fall Accident?
The person or business that owns or manages the property often controls its surveillance system. Depending on where you fell, the recording may be held by:
- A grocery store, restaurant, hotel, or other business.
- A landlord or apartment management company.
- A shopping center owner or property manager.
- A private security company.
- A neighboring tenant or business.
- A transit agency or government entity.
More than one camera may have captured the area. For example, a store’s indoor camera may show the fall, while a shopping center camera may show the entrance, nearby employees, or events immediately before or after the incident.
How Do I Request CCTV Footage After My Slip and Fall?
You can request CCTV or security camera footage of your slip and fall by sending a written notice to the business, property owner, or other party that may control it. The request should identify the incident accurately and direct the recipient to retain all relevant recordings.
Your request should include:
- Your full name and contact information.
- The date and approximate time of the fall.
- The exact location where it occurred.
- A brief description of the incident.
- A request to preserve recordings from every camera covering the area.
- A reasonable period before and after the fall.
- A request to retain the footage in its original format.
- References to an incident report or claim number, when available.
Send the notice through a method that creates proof of delivery. Keep the letter, email, delivery confirmation, and any response.
Should I Ask for Footage From Before and After the Fall?
Yes. A short clip showing only the fall may leave out evidence that explains why it happened.
Earlier footage may show a spill forming, an object being left in a walkway, or employees passing the condition without correcting it. Later footage may show cleanup activity, warning signs being placed, or statements and conduct by employees.
A preservation request should cover enough time to document the condition, the incident, and the response.
Can a Business Refuse to Release the Video?
A private business may refuse to provide surveillance footage in response to an informal request. It may refer to company policy, an internal investigation, security procedures, or the privacy of other people shown in the recording.
A refusal does not necessarily prevent us from obtaining the video. Depending on the facts and where the claim is filed, we may pursue footage through:
- An insurance claim investigation.
- A formal request for production after a lawsuit is filed.
- A subpoena directed to a third party.
- A court order compelling production when legally justified.
Even when a business will not release the footage voluntarily, a preservation notice may help establish that it was told to retain the recording.
How Soon Should I Try to Get My Slip and Fall CCTV or Camera Footage?
Request the footage immediately. There is no single retention period that applies to every surveillance system. Some recordings are automatically overwritten within days, while others may be retained longer.
You can help identify the correct recording by saving evidence that confirms when and where you were present, including:
- Receipts or transaction records.
- Parking tickets or garage records.
- Photos and videos from your phone.
- Text messages sent near the time of the fall.
- The incident report number.
- Names of employees or witnesses.
Accurate timing can help separate the relevant recording from hours of unrelated footage.
What If the Camera Did Not Record the Fall?
Footage may still support your claim even when the fall itself is outside the camera’s view.
A nearby camera may show the condition before you entered the area, employees walking past it, another customer reporting it, or the response after you were injured. It may also help confirm the time of the incident and identify witnesses.
What Other Evidence Can Support My Claim?
Surveillance footage is only one form of evidence. A strong investigation may also include:
- Photos of the hazard and surrounding area.
- Witness names and contact information.
- Incident reports.
- Inspection and cleaning records.
- Maintenance requests and repair records.
- Employee schedules and training records.
- Medical records documenting your injuries.
- Shoes and clothing worn during the fall.
- Prior complaints involving the same condition.
Do not alter or discard physical evidence. Keep original files whenever possible and avoid posting details of the incident or your injuries on social media.
Can Security Footage Prove Fault in a Slip and Fall Case?
Security footage can help prove fault, but the legal analysis usually requires more than showing that you fell. The evidence may need to establish that a dangerous condition existed and that the responsible party created it, knew about it, or should have discovered it through reasonable care.
The defense may argue that the condition was visible, that it appeared only moments before the fall, or that your conduct caused or contributed to the incident. We review the video with witness accounts, property records, medical evidence, and applicable premises liability law to address those arguments.
Obtaining security camera or CCTV footage after a slip and fall can preserve an objective record, but its value depends on what it shows and how it fits with the remaining evidence.
Talk to Sweet James About Preserving Slip and Fall Footage
Sweet James has more than 25 years of experience helping injury victims. James’s prior work representing insurance carriers gives our team insight into how insurers evaluate evidence and defend premises liability claims.
Contact our firm today for a free consultation about how to get CCTV or security camera footage of your slip and fall. We handle personal injury cases on a contingency fee basis, so you pay no fees or costs unless we win for you.
