Surveillance cameras are everywhere these days, from residences to businesses to parking lots. These systems are designed to improve safety and deter crime, but they can also play a critical role in dangerous premises claims. When someone is injured—whether it be in a store, apartment complex, public space, or other area where cameras are frequently found—captured footage is a key piece of evidence. But despite its importance, accessing security footage is often far from easy. Injured victims or their loved ones need to take specific steps to request or preserve video evidence. In fact, support from a lawyer and the courts is likely required.
Why Security Footage Matters in Dangerous Premises Cases
Security cameras and monitoring systems are vital for establishing liability after an accident. Video evidence is one of the strongest ways to support a claim that a property owner was negligent. Security footage may:
- Show what specifically caused or contributed to the injury, such as a wet floor, loose cable, or broken handrail.
- Reveal how long a hazard was present at the scene of the accident, which can be used to argue that the owner or property manager failed to take timely action to rectify it.
- Capture events before, during, and after the incident occurs, helping clarify exactly how events unfolded and how involved parties responded.
- Serve as an unbiased documentation of the scene. Unlike witness statements or subjective reports, footage is straightforward.
Can You Request Security Camera Footage in BC?
Following an injury, one of the first things victims and their support system should do is see if cameras recorded the incident. If so, the next course of action is to try to obtain a copy of the footage. The reality is that securing surveillance footage is easier said than done. This is because businesses, private individuals, and even public bodies like municipalities are not legally obligated to provide footage upon request. This doesn’t mean that victims are out of options. The best chance of recovering footage is by acting quickly and involving a trusted lawyer with experience dealing with dangerous premises cases.
How to Request Security Footage Following an Injury
Security systems vary. Sometimes footage is deleted automatically; other times daily, weekly, or monthly, depending on the system, storage capacity, and other factors. That means timing is paramount. If you’ve been injured, you need to act fast to see if footage is even available. If footage does exist, try to speak with the owner to see if they are willing to provide a copy for you. It’s highly recommended to work with a lawyer to send a formal preservation request to ask the owner to keep any relevant surveillance. In this letter, the exact date, time, and location should be included along with a description of the event and where it happened on the property.
What if Someone Refuses or Deletes Surveillance Footage?
If a business or individual refuses to share footage or claims it has been deleted, victims still have options. However, legal action is very likely necessary. Under BC’s Personal Information Protection Act (PIPA), you can formally request footage from private organizations if you are clearly identifiable in the video. This is a privacy-based request, and they are not required to comply if other individuals’ privacy may be affected or if legal exemptions apply. If the footage is held by a public body, such as a city-owned facility or public transit, you can file a request under the Freedom of Information and Protection of Privacy Act (FIPPA).
Those pursuing a legal claim can work with their lawyer to request footage through the discovery process or apply to the court for an order to produce the footage. If a business deletes video after receiving a preservation request, this may support a claim of spoliation of evidence. Essentially, they destroyed relevant proof, which courts may view unfavourably. Unfortunately, if the footage was deleted before any request was made, there may be little you can do.
Why a Lawyer Makes all the Difference
Navigating the rules around security footage, privacy laws, and personal injury claims can be challenging. That’s only further magnified when you’re dealing with the stress and pain of an injury. Having a personal injury lawyer is crucial when handling this process.
If you’ve been hurt due to unsafe conditions on someone else’s property, don’t wait to act. Stephens & Holman can help review your case, file your claim, and help you preserve video footage. Reach out today to book a free consultation.