In a premises liability case, the injury is permanent but the evidence is perishable. The wet floor dries. The broken stair gets fixed the next morning. The store’s surveillance system overwrites itself on a fourteen- or thirty-day loop. By the time many injured people first call a lawyer, the strongest proof of what happened no longer exists.
The evidence clock
- Surveillance video — most commercial systems retain footage for 14–30 days before overwriting. A preservation letter from an attorney stops the deletion.
- The hazard itself — property owners repair dangerous conditions quickly after an incident. Photos taken on day one are often the only record.
- Incident reports — stores prepare them immediately, but they are written for the defense. Getting your own account documented early matters.
- Witnesses — names and numbers collected at the scene are gold; the same people are nearly impossible to find a month later.
What this means if you have been hurt
See a doctor first — both for your health and because gaps in treatment are the first thing an insurer points to. Then get the evidence preserved. Within days of being retained, we send spoliation letters that legally obligate the property owner to retain footage and records.
Florida gives you two years to file a premises liability suit — but the case is usually won or lost in the first two weeks.
Consultations are free, injury cases are pure contingency, and the earlier we are involved, the more of your case we can save. If you have been injured on someone else’s property, do not wait to make the call.
Duboff Law Firm · North Miami, Florida
This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. For advice on your specific situation, contact an attorney.
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