Does the Store Have to Give Me a Copy of the Surveillance Footage After a Fall?

A slip and fall in a Louisiana store can be confusing and painful. In the moments after a fall, your first concern is your health, but another key piece of evidence may already exist: the store’s surveillance video. This footage can show exactly how the fall happened and help prove who was responsible. Under Louisiana law, store owners must keep their property reasonably safe. When they fail to do so, video evidence can often reveal the truth. The Louisiana slip and fall attorneys at LJBLegal understand how to use this footage to protect your rights and pursue fair compensation.

Is the Store Required to Give Me Their Video Footage?

No. The store isn’t legally required to hand you a copy of its surveillance video simply because you fell. The footage remains the store’s property. However, once the store is notified of a potential claim, you can force preservation of the footage by sending a formal letter; after a lawsuit is filed, you may subpoena the video.

Why Is Surveillance Video So Important In A Louisiana Slip And Fall?

In any Louisiana personal injury case, the burden of proof is on the injured person. You must show that the property owner’s negligence caused your fall and your injuries. Surveillance video helps tell this story with clarity. It provides a moment-by-moment record that can answer critical questions and show what really happened. This evidence can reveal hazards such as a wet floor, broken tile, or cluttered walkway and it can show how long the danger was there before your accident.

Under Louisiana premises liability law, you must prove the owner had actual or constructive notice of a hazard. A video showing employees walking past a spill without cleaning it can establish notice. It can also disprove claims that you were careless or distracted. With more than 8 million emergency room visits caused by falls each year, this type of evidence can make a major difference in your case.

What Should You Do Right After A Fall To Protect The Video?

After a fall, act quickly to protect video evidence. Seek medical help first, then report the incident to management and request an incident report. Take photos, gather witness info, and ask staff to preserve surveillance footage. Contact a Louisiana premises liability lawyer to send a preservation letter before the footage is deleted.

What you do right after a fall can affect your ability to get the video and build your case. Follow these steps if you can:

• Seek medical attention immediately. Your safety comes first.
• Report the incident to a manager and request an official incident report. Ask for a copy.
• File a police report if possible. It creates an official record that supports your claim.
• Take photos or short videos of the area where you fell, including any spill or unsafe condition.
• Collect names and contact information from witnesses who saw the fall or the hazard.
• Politely ask the manager to preserve any surveillance footage of the incident. Note who you spoke to, when, and what they said.
• Contact a Louisiana premises liability lawyer to send a preservation of evidence letter.

Many surveillance systems record over old footage in as little as 48 to 72 hours. Acting quickly gives you the best chance to preserve valuable evidence.

Do You Have A Right To Store Video In Louisiana?

Many people believe a business must give them surveillance footage just because they ask. In Louisiana, that is not the case. The footage belongs to the business, and it is private property. However, once the store knows an injury claim may be filed, it cannot legally destroy or erase relevant footage. Your attorney can send a formal preservation of evidence letter, sometimes called a spoliation letter. This letter creates a legal duty for the business to keep the footage, incident reports, and related records. If the store ignores the letter and deletes evidence, a judge may issue sanctions or tell the jury to assume the missing video would have helped your case. This process ensures accountability and protects your right to fair evidence.

What If The Store Refuses To Share The Video?

If the store refuses to cooperate after receiving a preservation letter, LJBLegal can take formal legal steps to obtain the video. Once a lawsuit is filed, the case enters the discovery phase, where both sides must exchange relevant information. During discovery, your attorney can issue a subpoena duces tecum, a court order requiring the business to produce the footage by a specific date. If the store still refuses or claims the video is irrelevant, your attorney can file a motion to compel. Judges usually rule that surveillance footage is highly relevant and must be released. These legal tools make sure critical video evidence cannot be withheld unfairly.

What If The Video Evidence Is Gone Or Deleted?

Some stores automatically erase or record over old footage every few days or weeks. If this happens before the business receives a preservation letter, the situation becomes more challenging, but not hopeless. Other evidence can still help prove your claim, such as:

• Witness statements that confirm what happened.
• Photos or short clips you took at the scene.
• The store’s own incident report and maintenance logs.
• Medical records that match how the injury occurred.

If the footage was deleted after the store was notified of your claim, this is called spoliation of evidence. Your attorney can ask the court to sanction the business or instruct the jury to assume the video would have supported your version of events. Taking swift legal action helps prevent this problem before it occurs.

How Do LJBLegal Attorneys Secure And Use Video To Help You?

LJBLegal attorneys secure and use video by sending preservation letters, issuing subpoenas, and analyzing footage to build a case. They create a detailed timeline showing the incident and present it in settlement demands. If needed, they use the same footage in court to prove liability and maximize compensation.

The attorneys at LJBLegal know how to protect evidence and use it to build your case. Our team:

• Sends a preservation letter immediately to prevent footage deletion.
• Files a lawsuit if necessary and issues subpoenas to compel the release of the video.
• Reviews the footage frame by frame to identify hazards and staff actions.
• Builds a detailed timeline showing how the fall occurred and how long the danger existed.
• Presents this evidence to the insurance company as part of a demand package for settlement.

Video evidence often encourages faster, fairer settlements. When insurers see clear proof, they know denying fault is harder. If the company refuses to negotiate fairly, we use that same footage in court. Studies show that CCTV footage is useful in about 65% of cases where it is available. LJBLegal prepares every claim as if it may go to trial, ensuring you are protected from the start.

Will You Have To Go To Court, Or Can You Settle?

Most store fall cases settle without going to court. Strong evidence, especially clear video, helps achieve fair results more quickly. However, if the business or insurer refuses to act in good faith, LJBLegal is ready to take your case to court. We know the system, and we do the work to make sure your side of the story is seen and heard. Serious cases deserve more than a big name—they deserve the right team, with experience, resources, and the willingness to go the distance for you.

How Does Video Help With Your Compensation?

Insurance companies often try to minimize payouts. Video footage can show exactly what happened, which helps prove who was at fault. This is especially important because Louisiana follows a modified comparative fault rule. If you’re found to be more than 50% at fault, you cannot recover any compensation at all.

Without clear video, the insurance company may try to put most of the blame on you. That way, they avoid paying anything. But strong video evidence can protect you from unfair blame and support your right to recover full compensation.

Video helps prove your case and strengthens your claim for:

• Medical bills and ongoing treatment.
• Lost income or reduced earning ability.
• Pain, suffering, and disruption to your daily life.

Without an attorney, you may risk being underpaid or blamed unfairly. With LJBLegal on your side, you can pursue the compensation you deserve and feel supported through every step of recovery.

What Happens After The Video Is Obtained?

Once LJBLegal obtains the footage, we analyze it carefully to identify every detail: what caused the fall, how long the danger existed, and what the employees did before and after. We then use that information in negotiations with the insurance company. Clear, undeniable evidence often leads to faster and higher settlements. If the case goes to trial, the video becomes a powerful exhibit that shows the jury exactly what happened.

Protect Your Rights After A Louisiana Store Fall

A fall in a Louisiana store can bring physical pain, emotional stress, and financial strain. Recovery takes time, but protecting your rights starts right away. See a doctor, report the fall, document the scene, and ask the store to save the video. Then contact LJBLegal at 985-240-9773. Our attorneys act quickly to preserve evidence, guide you through the process, and hold the store accountable. We work for fair settlements but are always prepared to go to court when needed. With experience, compassion, and persistence, our team helps you move forward after a fall.