What is a preservation of evidence letter?

After a fall at a business, the most important evidence — the camera footage, the incident report, the cleaning logs — sits entirely in the business's hands. A preservation of evidence letter is the tool that asks them, formally and in writing, not to destroy it.

You'll sometimes hear it called a "spoliation letter" or "litigation hold letter." Same idea: a dated, written demand to preserve specific records because a claim may follow.

What the letter actually says

A good preservation letter is short and specific. It typically:

• Identifies you, and the date, time, and exact location of your fall.
• States that you were injured and that a claim may be pursued.
• Lists the specific evidence to be preserved — most importantly:
  • Surveillance footage of the area where you fell, plus entrances and the surrounding aisles, for a window of time before and after the fall.
  • The incident report created after you reported the fall.
  • Inspection, sweep, or maintenance logs for that day — the records showing when the area was last checked or cleaned.
  • Photos taken by employees, and the names of employees working in the area.
• Asks the business to confirm, in writing, that the evidence has been preserved.

The time window matters. Footage from before your fall can show how long a spill sat on the floor — often the central question in a slip-and-fall case.

Why it works

A business generally has no duty to keep routine surveillance video forever; most systems overwrite old footage automatically, often within days to a few weeks, depending on the system. A preservation letter changes the situation in two ways:

1. It triggers action. Once the letter arrives, the practical step for the business is to export and save the clip — something that takes minutes if done promptly.
2. It creates accountability. If evidence is destroyed after the business received written notice to preserve it, courts can impose consequences — including instructing a jury that it may assume the missing evidence was unfavorable to the business. That risk is exactly why most businesses comply.

What the letter does not do

Honesty matters here, so let's be precise:

• It does not force the business to send you the footage or the report. It asks them to preserve the evidence; obtaining copies usually happens later, through the insurance claim or discovery in a lawsuit.
• It does not guarantee the footage still exists. If the system already overwrote it before the letter arrived, no letter can bring it back — which is why speed is everything.
• It is not a lawsuit, and sending one doesn't commit you to filing one. It simply protects your options.

And to be clear about our role: we don't possess anyone's footage or reports. Our service helps you prepare and send the letter that asks the business to preserve them.

How to send it

• In writing, with proof of delivery. Certified mail, email with a read receipt, or both. The point is being able to prove the business received notice, and when.
• To the right recipients. The store location, its corporate office or registered agent, and — if you have a claim number — the insurance carrier.
• As soon as possible. Days matter. Send it before you know how badly you're hurt, before you decide whether to hire a lawyer, before anything else that can wait.

Keep the bigger deadlines in view

The preservation letter protects evidence; it doesn't extend legal deadlines. In California, the general deadline to file a personal injury lawsuit is 2 years from the date of injury, and if a government entity is involved — a city sidewalk, a public building — an administrative claim may be due within 6 months. This is general information, not legal advice; your deadlines may differ.

Send yours today

Every day that passes is another day of ordinary recordings burying the clip of your fall. Use our free tool below to generate a preservation of evidence letter for your incident and get it on its way today.

Sources checked for this guide

• Judicial Council of California Civil Jury Instructions resource center
• California Court of Appeal discussion of preservation and spoliation
• California Code of Civil Procedure section 335.1
• California Government Code section 911.2