Central New York Injury Lawyer Blog
A recent case published in the New York Law Journal illustrates the importance of personal injury lawyers promptly demanding that surveillance videos be preserved. Surveillance cameras are virtually everywhere now: In our streets, stores, businesses, banks, schools and traffic lights. So almost every time a new case comes into your office, your first thoughts ought to be, “might there be surveillance videos? Who might have them?”
The importance of promptly demanding that surveillance tapes be preserved is illustrated in the recent case of Rodriguez v City of New York. In that case, a child was assaulted at school. The victim’s lawyer claimed the school provided negligent or insufficient supervision, thus facilitating the attack. After suit was commenced, during the deposition of one of the school employees, the employee testified that she had reviewed a surveillance video taken the day of the incident. She claimed it did not show the attack, but did show kids leaving the school.
Right after the deposition, the injured child’s attorney sent out a “Notice for Discovery and Inspection” demanding a copy of the surveillance video. The School’s lawyer sent a response indicating the video had been automatically taped over about 60 days after the incident and that, in any event, it had not shown the attack.