If a store camera may have recorded your fall, the first goal is preservation: asking the business to locate the relevant video and keep it from being lost through the system's normal recording cycle. That is different from demanding that a manager immediately show you the clip or give you a copy.
The strongest request is prompt, written, and specific enough that the business can identify the right location, cameras, and time window.
First, pin down the time and place
Write down the facts you know before contacting the business:
- The store name and complete address.
- The date and best estimate of the time. A receipt, parking record, text, photo, or phone call can help narrow it.
- The exact area: aisle number, department, entrance, checkout lane, restroom hallway, parking row, or other landmark.
- What happened and which direction you approached from.
- The names or descriptions of employees and witnesses who responded.
Do not wait for perfect information. If your time estimate is uncertain, say so and give a reasonable window rather than inventing an exact minute.
Identify the footage to preserve
A useful request describes video by location and time—not only as "the video of my fall." Ask the business to preserve footage from:
- The area where the incident occurred.
- Nearby aisles or approaches that may show how long a condition was present.
- Entrances, exits, registers, or parking areas that can help establish arrival and departure times.
- A reasonable period before and after the incident, with the exact window adjusted to the facts.
Camera systems differ. Storage capacity, camera count, resolution, frame rate, and configuration all affect retention. Axis Communications' technical materials, for example, treat retention time as a setting tied to bitrate and storage rather than a universal number. That is why this site does not promise that every store keeps video for a set number of days.
Put the request in writing
A preservation request should include:
- Your name and contact information.
- The store location, date, time window, and exact incident area.
- A clear request to preserve relevant surveillance or security-camera footage.
- A request to preserve the incident report, employee photographs, witness information, and inspection or cleaning records connected to the incident.
- A request for written confirmation that the material has been preserved.
Use calm, factual language. You do not need to accuse anyone of wrongdoing or guess what the video shows.
Send it to people who can act on it
Deliver the request to the store location and to the company's claims, risk-management, legal, or corporate office if you can identify it. If an insurer or third-party claims administrator has opened a claim, include that contact and the claim number.
Keep a copy of the exact request and evidence of delivery. A delivery record is more useful than a phone call you cannot later document. Company structures vary, so verify current addresses and recipients rather than relying on an old online post.
Understand what preservation does—and does not—mean
A preservation request asks the business to save evidence. It does not automatically create a right to inspect the recording, and it does not guarantee that a copy will be provided outside an insurance process, subpoena, or lawsuit. It also cannot restore a recording that was already overwritten before the request arrived.
California's civil jury instructions recognize that intentional concealment or destruction of evidence can support an unfavorable inference in an appropriate case. Whether a preservation duty existed and what remedy applies are fact-specific legal questions. A written request helps establish when the business received notice, but it is not a guarantee of any legal outcome.
Follow up without losing the paper trail
If you do not receive confirmation, follow up in writing. Refer to the first request, attach it again, and ask for the name and claim number of the person handling the incident. Record dates, names, and what you were told.
If the business refuses to provide a copy, do not confuse refusal to release with refusal to preserve. Ask for written confirmation that the footage has been saved even if the business will not share it voluntarily.
Sources checked for this guide
- Axis Communications: surveillance storage and retention technical paper
- Judicial Council of California Civil Jury Instructions resource center
- California Code of Civil Procedure section 335.1
This is general information, not legal advice. Deadlines and evidence duties depend on the facts.
Ask the store to preserve the video in writing
Our free service helps prepare a preservation request and pursue the business's incident report.
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