Will a business hold onto video of my accident? Not unless you demand it.
October 22, 2016
In most cases Florida law does not require a business to hold onto video, photos or CCTV of your accident, but if they're on notice of your claim they have a duty to preserve the evidence. In most cases businesses with security cameras will automatically copy over the film of an accident in the normal course of business, but if they get a letter directing them to hold onto it, they're in a dilemma: hold onto the film or face a jury instruction that the evidence was unfavorable to the business that failed to preserve it. This can be a useful tool in illuminating the truth and proving your case. The principle is called 'spoliation' and has been discussed and settled by Florida courts.
So, if you're hurt please seek medical attention and make sure you're stable. Once nce you've gotten your bearings, please give me a call. I've represented some of the largest companies on the planet and can use that knowledge to make they hold onto evidence of your claim. Call me immediately and we will demand preservation and put them on notice that your injury requires their compliance.