When slip and falls are caught on surveillance video, some premises owners recognize the need to preserve the surveillance video in the event of potential claims or lawsuits. But how much of the video should be preserved, and what are the consequences of failing to preserve enough of the video? At least two recent cases in Texas have held that premises owners have duties to preserve more than just the 10 minute period up to and including the slip and fall incident. See, Brookshire Bros., Ltd. v. Aldridge, No. 12-08-00368-CV, 2010 WL 2982902 (Tex.App. — Tyler 2010, no pet. h.) (for opinion, click here); Clark v. Randalls Food, No. 01-08-00732-CV, ___ S.W.3d ____, 2010 WL 670554 (Tex.App. — Houston[1st Dist] 2010, pet. denied)(for opinion, click here). The amount of time between the creation of the dangerous condition (i.e., spill, puddle, fallen object) and the accident is important to whether a plaintiff can prove that the premises owner knew or should have known about the danger, which is an essential element of the premises liability claim. … Continue reading →
