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The document emphasizes acting immediately by identifying and contacting any entity that may possess recordings and sending a preservation of evidence letter specifying a time window before and after the incident. It also covers locating third-party and residential sources, using subpoenas and Freedom of Information Act requests for governmental footage, and obtaining unedited raw footage through production demands, verifying no edits, and challenging noncompliant responses. Discovery further includes form interrogatories, special interrogatories about camera locations and operability, and depositions to confirm policies and evidence handling.",{"@graph":63,"@context":119},[64,80,102],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/obtain-surveillance-videos-of-premises-liability-incidents-act-fast-and-obtain-footage-during-discovery/279882/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/obtain-surveillance-videos-of-premises-liability-incidents-act-fast-and-obtain-footage-during-discovery/279882.png","ImageObject",442,249,{"name":88,"@type":89},"Jake","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-29","2026-09-16",true,{"@type":98,"interactionType":99,"userInteractionCount":101},"InteractionCounter",{"@type":100},"ViewAction",8,{"@type":103,"mainEntity":104},"FAQPage",[105,111,115],{"name":106,"@type":107,"acceptedAnswer":108},"Why is surveillance video important in a premises-liability fall case?","Question",{"text":109,"@type":110},"Surveillance video can provide the best witness by showing what happened during the injury-causing event. It helps overcome gaps in witness memory about minute details the case depends on.","Answer",{"name":112,"@type":107,"acceptedAnswer":113},"What should the preservation of evidence letter request?",{"text":114,"@type":110},"The letter should request preservation for a specified period before and after the incident and include all relevant surveillance video from the premises, even if it does not capture the exact location. It should also warn that destroyed footage may support a willful suppression instruction.",{"name":116,"@type":107,"acceptedAnswer":117},"How can counsel obtain and verify surveillance video during discovery?",{"text":118,"@type":110},"Use a demand for production specifying raw, unedited footage and include appropriate time ranges and other-premises footage. After production, verify the defendant has not edited it and ensure the defendant’s response addresses whether the video exists, was destroyed, lost, misplaced, or is no longer in their control.","https://schema.org",{"og:url":78,"og:type":121,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":123,"canonical":78},"index,follow",{"doc_id":125,"site_id":56},279882,1790379423,{"code":4,"msg":5,"data":128},{"doc_id":125,"user_id":129,"nickname":88,"user_avatar":130,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":131,"file_id":132,"file_url":133,"file_type":134,"file_size":135,"view_count":101,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":76,"language":136,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":61,"update_tm":140,"read_time":9},962084928904,"https://ap-avatar.wpscdn.com/davatar_155a257f0dc6eb9ab79c44ca47cae57d","Megan Klein  \nBD&J  \nMarch 2022  \nIf a picture is worth a thousand words, a surveillance video is priceless  \nOBTAINING SURVEILLANCE VIDEOS OF PREMISES-LIABILITY INCIDENTS  \nObtaining surveillance video footage of your client’s fall can make or break your premises-liability case. Surveillancevideo footage will potentially serve as the best witness to your client’s injury-causing event, providing powerful visual testimony. Witnesses, including your client, will forget the minute details your case depends on – a video will not.  \nAct fast  \nTime is of the essence when obtaining surveillance video. Paramount in obtaining surveillance video is contacting anyone who may have possession of surveillance video of the premises as soon after the injury-causing event as possible, to preserve the footage. Surveillance video is routinely deleted or copied over at variable time increments depending on the surveillance systems used. As soon as possible, send a preservation of evidence letter requesting the defendant preserve the surveillance video recording of the event.  \nThe preservation-of-evidence letter should specify a time period before and after the subject event in order to obtain as much evidence as possible to support your  \nliability position. At minimum try to obtain an hour prior before the event. This additional footage may include the cause of the event and any notice the tortfeasor may have had prior to the event.  \nJust as important is footage from the aftermath of the event. Any actions by your client, employees of the defendant and third parties may reveal key evidence for your case.  \nIn addition, the letter should request all surveillance video from the premises atthe time of the subject event even if the surveillance video does not cover the exact location where the event took place. Potentially, seemingly innocuous, unrelated surveillance-video footage from another part of the premises may include pertinent evidence or leads to important evidence in your case. Further, the letter should include a warning that if the surveillance video is destroyed before being produced, then at trial you will request an instruction that the defendant willfully suppressed evidence.  \nPotentially, a third party may have surveillance-video footage of the event. Again, as soon as possible, you or your investigator should go to the scene of the  \nfall and ask local businesses whether they have any surveillance video cameras that captured the event or are aware of another local business that may  \nhave surveillance video cameras. With the advent of home-security videos, like Ring, a local homeowner may also have surveillance video of your client’s fall. Typically, most people will oblige and provide you with the surveillance video footage. On occasion, a business may require a subpoena. Send a preservationof-evidence letter to the local business to place them on notice to preserve the surveillance video, then issue a subpoena to the business as needed.  \nFor governmental entities that may have surveillance video, use a Freedom of Information Act request. Paramount in obtaining the surveillance video is to act fast following your client’s fall to increase the likelihood of obtaining the surveillance video.  \nObtaining surveillance video during discovery  \nWhile the defendant may have surveillance-video footage, whether the defendant will provide the video before  \nMegan E. Klein, continued  \nMarch 2022  \nfiling the lawsuit is arbitrary. Typically, if the surveillance video supports your claim, expect to file a lawsuit and propound discovery to obtain the video.  \nYour demand for production for the video should specify that the raw footage, including unedited copies of the surveillance video, should be produced. Like your preservation-of-evidence letter, the demand should include significant, but reasonable, time before and after the event and include all surveillance video from other parts of the premises.  \nAs soon as the video is produced,","cbCaioN8nFHyMiVb","https://ap.wps.com/l/cbCaioN8nFHyMiVb","pdf",1173224,"English","# Obtain Surveillance Videos of Premises-Liability Incidents\n## Act fast to preserve footage\n## Obtaining surveillance video during discovery","[{\"question\":\"Why is surveillance video important in a premises-liability fall case?\",\"answer\":\"Surveillance video can provide the best witness by showing what happened during the injury-causing event. It helps overcome gaps in witness memory about minute details the case depends on.\"},{\"question\":\"What should the preservation of evidence letter request?\",\"answer\":\"The letter should request preservation for a specified period before and after the incident and include all relevant surveillance video from the premises, even if it does not capture the exact location. It should also warn that destroyed footage may support a willful suppression instruction.\"},{\"question\":\"How can counsel obtain and verify surveillance video during discovery?\",\"answer\":\"Use a demand for production specifying raw, unedited footage and include appropriate time ranges and other-premises footage. After production, verify the defendant has not edited it and ensure the defendant’s response addresses whether the video exists, was destroyed, lost, misplaced, or is no longer in their control.\"}]","Obtain Surveillance Videos of Premises-Liability Incidents - Act Fast and Obtain Footage During Discovery | PDF",1789529169]