In legal disputes, evidence can make or break a case. If video footage, documents, or other forms of proof aren’t preserved at the right time, it could cost you your claim—or your defense. While some organizations have systems to safeguard evidence, they’re not foolproof. Once you realize a potential claim exists, the responsibility to protect evidence becomes yours.
The Duty to Preserve Evidence
The duty to preserve evidence doesn’t kick in when you feel like it. It starts the moment you’re aware that a claim might arise. This might be a formal notification, such as a lawsuit or demand letter, or informal knowledge, like hearing about an injury on your property.
For businesses, this often means halting automatic processes that overwrite electronic evidence, such as surveillance footage. Many systems delete recordings after 30 or 90 days, but once the duty arises, it’s on you to make sure nothing relevant disappears.
Failing to preserve evidence can lead to accusations of spoliation—the destruction or loss of evidence that could be critical in a legal dispute. Courts treat this seriously. In Wisconsin, for example, a jury might be told they can assume the missing evidence was unfavorable to the party that lost it.
Get a Lawyer—Right Now
Time is of the essence. Video footage and other electronic evidence don’t stick around forever. Automatic deletion processes won’t wait for your convenience. The moment you suspect a claim, it’s time to bring in legal help. A lawyer can move quickly to notify all parties and demand that evidence be preserved.
Without a lawyer, you risk letting others decide what’s relevant. A lawyer can ensure the right cameras, angles, and time frames are preserved. This means you’ll have a better chance of capturing key moments—whether it’s a spill that caused an injury or items falling off a shelf. The goal is to document the full story, not just the parts others want to show.
Protect Yourself From Spoliation
When you need evidence preserved, whether it’s yours or someone else’s, put it in writing. Send a clear request to the party in possession of the evidence and document everything. This includes their responses, the dates of your requests, and any follow-up actions that could potentially be brought up in court.
If the evidence is lost despite your efforts, the courts can step in. A lawyer can argue for sanctions or spoliation instructions, ensuring the other party’s failure to preserve evidence doesn’t go unnoticed. This can help level the playing field, even when critical evidence is missing.
Take Action Now
Courts don’t take spoliation lightly. A single piece of lost evidence could shift the outcome of a case. Whether you’re filing a claim or defending one, failing to protect evidence puts you at a serious disadvantage.
Preserving the right evidence at the right time doesn’t just protect you—it can give you a strategic edge. Controlling access to key video footage or documents can strengthen your case and make it harder for the other side to misrepresent what happened.
The sooner you act to preserve evidence, the better your chances of a fair outcome. If you suspect a claim is on the horizon, don’t wait—consult a lawyer immediately. They can guide you through the process, ensuring you comply with legal obligations and protect your interests.
Dillon Grube Law is here to help. Call us today at 608-373-5560 to make sure your evidence is preserved and your rights are protected.
Dillon Grube
