Slip, Fall & Premises Liability

How do I get the store's surveillance video?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Send a written preservation demand immediately. There's no right to obtain it before suit, so preservation is the whole game.

Businesses generally won't hand over footage voluntarily before a lawsuit. What you can do is make sure it still exists when you can compel it.

Send a written preservation letter, immediately. It should identify the date, time, and location, request preservation of footage from all cameras with any view of the area — including approaches and adjacent aisles — and specify a window beginning well before the fall and extending after.

Why the window matters. Footage from before the fall is what establishes duration and what shows whether employees walked past. Many preservation requests ask only for the moment of the fall, and that footage proves the least.

Also request preservation of inspection and sweep logs, the incident report, employee statements, and maintenance records for the area.

If they destroy it after receiving notice, spoliation arguments become available — and an adverse inference can be more valuable than the footage itself.

Ask for the hour before, not the moment of. That's where the case is. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.