PI attorneys, businesses alert to spoliation issues
For premises liability attorneys, the proliferation of surveillance cameras in the commercial setting has meant a corresponding focus on the duty to preserve video evidence that businesses ignore at their own peril.
Boston defense lawyer Kevin M. Hensley represents a large retailer that he says has cameras “everywhere” on its properties. According to Hensley, a key for businesses is to have in place — and abide by — a written policy establishing standard guidelines for the retention of video that may be relevant to a premises liability claim.
When there’s no “rhyme or reason” to what’s saved, Hensley says, it opens the door to a plaintiff having greater success in arguing that a store is trying to hide evidence.
“It obviously increases the potential for a spoliation claim if in one case you preserve 15 minutes of video and for the next one you preserve two hours,” he says.
Springfield personal injury attorney Lee Dawn Daniel sees an element of cat-and-mouse to litigation over spoliation of video evidence.
“Certainly we are aware that most facilities will have surveillance cameras,” says Daniel, president of the Massachusetts Academy of Trial Attorneys says. “The issue is how clever facilities may be — meaning how well they understand that surveillance can make or break a case.”
Technological advances
Advances in video surveillance technology over the last 10 years have had a significant impact on business and property...
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