This page was written, edited, reviewed & approved by Justin C. Olsinski following our comprehensive editorial guidelines. Justin C. Olsinski, the Founding Partner, has 16+ years of legal experience as an attorney.
If a property owner "fixes" a dangerous condition before evidence can be collected, you're facing what's called "spoliation of evidence." This happens when owners clean spills, repair broken stairs, improve poor lighting, or delete surveillance footage after your fall. While this is a serious obstacle, it is not the end of your claim. Specific legal strategies can counter this tactic and help you recover compensation. The law imposes a duty on property owners to preserve evidence, and violating this can lead to legal sanctions.
At The Olsinski Law Firm, we are Charlotte attorneys skilled in building strong premises liability cases. We know how to handle situations where the property owner has tried to cover their tracks. Our personal injury lawyers use expert testimony, witness statements, and accident reconstruction to prove your slip and fall injury claim. We fight to hold negligent property owners accountable even when evidence has been destroyed.
Once a property owner is aware of an incident that may lead to litigation, they have a legal duty to preserve all relevant evidence. This duty protects your ability to prove negligence and liability in your premises liability claim. Violating this duty can result in serious legal consequences for the defendant property owner. We help clients understand their rights when evidence has been destroyed.
The duty to preserve arises when the property owner knows, or reasonably should know, that the incident is likely to result in a claim or lawsuit. This includes when you report your fall to hotel staff, file an incident report, or seek medical attention at the scene. Even if you haven't filed a lawsuit yet, the property owner must preserve evidence once they have actual notice of your accident. The company cannot claim ignorance if a customer clearly suffered injuries on their property.
The scope of preservation is broad, encompassing multiple types of evidence. The physical hazard itself, such as wet floors, icy walkways, or broken stairs, must be documented before repair. Surveillance video from security cameras must be saved, not deleted or recorded over. Maintenance logs, inspection records, and records showing when the property was last inspected are critical. Employee witness statements, along with any photos and videos the property owner took, must also be preserved. All of this documentation is essential to proving your premises liability case.
Spoliation isn't always a malicious act designed to hurt your claim. It can be a routine cleanup or maintenance that unknowingly destroys your case. However, once the property owner has notice of your fall, they must stop and preserve the scene. Recognize these common actions that constitute spoliation of evidence.
Property owners often rush to fix the dangerous condition without first documenting it. Common examples include cleaning a spill immediately after you fall, fixing broken flooring or stairs before taking photographs, replacing a burnt-out lightbulb without noting the poor lighting conditions, or filling a pothole in a parking lot without photographic evidence. These repairs eliminate physical evidence of the hazardous conditions that caused your slip-and-fall accidents. We work with safety experts and accident reconstruction specialists to prove what the hazard looked like before it was destroyed.
Security cameras often auto-record over old footage after a set period. A failure to save the relevant surveillance footage from the time of the incident is a common form of spoliation. Many businesses use surveillance cameras that continuously record, but they erase footage after 30 to 90 days. Once the property owner learns of your fall, they must preserve the surveillance video. Deleting or allowing it to be overwritten violates their legal duty and can result in sanctions during the discovery process.
North Carolina courts take evidence destruction seriously and have remedies to level the playing field for the injured party. When a property owner destroys evidence, it harms your ability to prove negligence and liability. The legal system provides specific tools to address this unfair conduct. We use these remedies to protect your personal injury claim and ensure you receive fair compensation.
A judge may instruct the jury that they can infer the destroyed evidence would have been unfavorable to the property owner. This powerful instruction helps shift the burden of proof when critical evidence is missing. For example, if surveillance video was deleted, the jury can infer that it would have shown the hazardous conditions you described. This inference applies whether the property owner had actual notice or constructive notice of the dangerous condition. The Centers for Disease Control and Prevention emphasizes that documentation is essential in slip-and-fall cases to prove violations of safety standards.
More severe sanctions are available when spoliation is intentional or particularly harmful. The court may rule on certain facts in your favor without requiring you to meet the normal preponderance of the evidence standard. In extreme cases, the judge can dismiss the defendant's defenses entirely or award you attorney's fees for the added litigation costs. These sanctions recognize that spoliation undermines premises liability law and your right to prove your claim. We pursue these remedies aggressively when insurance companies or property owners destroy evidence.
Your immediate and strategic response is critical to proving spoliation occurred and mitigating its impact. Acting quickly protects your legal rights and strengthens your premises liability claim. Even if the property owner has already destroyed some evidence, you can still take steps to build a strong case. We guide clients through this process to preserve their right to compensation.
Take your own photos immediately if possible, even from your phone at the accident scene. Save all communications, like emails and texts, with the property owner where they admit to fixing the hazard or acknowledge your fall. Note the names of employees who saw the condition before it was repaired. Document the weather conditions, your clothing and shoes, and any visible injuries you sustained. If police responded, get a copy of the incident report. These steps create your own record when the property owner fails to preserve evidence.
Have your attorney send a formal, dated spoliation letter demanding that the owner preserve all evidence. This letter should specifically request surveillance footage, maintenance logs, inspection records, witness statements, and photos and videos. It creates a clear legal record of their duty to preserve evidence.
Once the property owner receives this letter, any further destruction of evidence is clearly intentional and subject to severe sanctions. We send these letters immediately to stop ongoing spoliation and protect your slip-and-fall injury claim.
Proving evidence was destroyed requires investigation and legal procedure during the discovery process. An experienced personal injury lawyer knows how to build this part of the case and hold negligent parties accountable. We use multiple strategies to demonstrate spoliation occurred and to minimize its impact on your claim. Our personal injury attorneys have handled many slip-and-fall cases where evidence was destroyed.
We use legal tools to subpoena security system logs that show when surveillance camera footage was deleted or overwritten. We depose maintenance staff about repair schedules and who authorized the immediate fixing of the hazard. We uncover internal incident response policies that the company failed to follow.
Expert witnesses, like safety experts from the National Floor Safety Institute, can testify about proper documentation procedures. We also subpoena medical records that document your injuries and medical expenses. This investigation often reveals building code violations or failures in the duty of care.
We use the threat or proof of spoliation as powerful leverage in settlement negotiations with insurance adjusters. The narrative we present shows the property owner's consciousness of guilt and their attempt to hide the truth. For a jury, this story about the defendant's conduct is compelling and helps overcome gaps in physical evidence.
We explain how the missing security camera footage or maintenance records would have proven that the dangerous condition existed. The res ipsa loquitur doctrine may also apply, which allows negligence to be inferred from the accident itself. We fight for full economic damages, including all medical costs, lost wages, and compensation for your pain and suffering.
Not criminally, but they likely breached their civil duty to preserve evidence. This can lead to sanctions and strengthen your case for medical bills and property damage.
Potentially, yes. Once aware of your fall, they had a duty to preserve evidence. Failure to prevent spoliation can constitute negligent spoliation and affect liability.
Yes. Your testimony, witness testimony, and photos, combined with building codes and legal arguments, can build a strong case for damages.
It is a jury instruction that lost evidence may have shown the property was unsafe. This can shift the burden to the property owner in your favor.
No. Document the incident and contact a legal professional. Let your attorney handle communications and preserve your rights without harming your case.
Immediately. Contact a premises liability attorney to issue a preservation letter and begin gathering evidence before the statute of limitations or lost witness testimony hinders your claim.
A property owner destroying evidence is a serious issue that can affect your health and your claim for medical bills and property damage. At The Olsinski Law Firm, we act quickly to preserve evidence, gather witness testimony, and analyze building codes to strengthen your case. Skilled legal professionals can turn lost evidence into an advantage and protect your rights. Do not wait—contact us today for a free consultation to develop a strategy that ensures you receive full compensation and justice.
Mr. Olsinski founded his criminal defense practice in Charlotte, NC, in January 2010. He has successfully defended cases ranging from B1 Felony First Degree Sex Offenses/First Degree Murder to Misdemeanor marijuana charges.
