Most commercial surveillance systems overwrite themselves within 14 to 30 days, and many Ohio businesses run on a seven-day loop. The video showing how long that puddle sat on the floor will be gone before your second doctor’s visit. Nobody at the store will warn you. By the time an adjuster calls to “get your side,” the strongest evidence in your case will usually have already been overwritten.

Send the Preservation Letter Before the Loop Resets

A property owner has no obligation to preserve footage they don’t know you want. Once you or your attorney send a written preservation request, that changes. The letter should include the camera angles, date, time window, and specific records you expect to be kept.

Ask for more than just the fall itself. The 30 minutes leading up to it matter more, because that footage shows whether the employees walked past a hazard and did nothing.

The Paper Trail Stores Keep but Rarely Volunteer

Ohio businesses generate a surprising amount of documentation that rarely makes it into insurance files unless someone specifically asks for it. This includes:

• Sweep logs and inspection checklists, often signed hourly. The missing pieces are the key.
• Work orders for a leaky cooler, a loose tile, or a broken floor drain that were reported before your fall.
• Internal incident reports, which are different from the ones you received.
• Prior complaints or claims about the same issue. These carry the most weight, as they show that the fall was not a one-time occurrence.
• Staffing records and vendor contracts that show who was responsible for cleaning that night.

Your Shoes Are Evidence. Don’t Wash Them.

Put the shoes you were wearing in a bag and leave them alone. Defense experts routinely blame footwear, and worn tread can be tested against the floor surface for slip resistance. The clothing you had on may still carry residue from whatever you slipped on.

Photograph the scene from several different distances on the same day, if you’re physically able. Phone photos have timestamps and location data, which quietly settle arguments about when and where a fall happened.

Ohio Law Has Teeth When Evidence Disappears

Ohio is one of the few states that recognizes an independent tort for the intentional spoliation of evidence. The Ohio Supreme Court set out the elements in Smith v. Howard Johnson Co., and narrowed them in Elliott-Thomas v. Smith, which requires proof of actual destruction or alteration, rather than concealment or slow walking.

Timing is crucial. One important factor is the defendant’s awareness of the likelihood of litigation. A dated letter of preservation creates this awareness on a date that can be proven, which is why sending it early can shift the balance of power in your case.

Why This Evidence Beats the Standard Defenses

Ohio property owners owe business visitors a duty of ordinary care, and R.C. 4101.11 frames this duty in terms of “frequenters” on the premises. Insurers respond with two familiar defenses: the hazard was open and obvious, and you were partly to blame for not watching where you walked.

Sweep logs, lighting records, and videos undercut both. Ohio applies modified comparative negligence under R.C. 2315.33, so you can still recover if you are not found to be more than 50% at fault. Your share will reduce the award, but evidence is what keeps that percentage low.

Talk to a Columbus Premises Liability Attorney

Kitrick, Lewis & Staley-Sladek Co., L.P.A. has spent decades ensuring that preservation demands are addressed quickly enough to make a difference, and we can draft a proposal for the property owner and their insurer within days of receiving your call. If you would like to discuss your situation in more detail, please contact us for a case review. We look forward to hearing from you.