Casinos are meant for fun and relaxation, but if you have been injured from an assault, negligence, or a dispute, the situation immediately gets stressful and complex. Thankfully, we live in a world where there is always an “eye in the sky” through security footage.

In a perfect scenario, the casino would be looking out for your best interest and would cooperate willingly, handing over whatever footage is necessary, but this is so rarely the case. In fact, there are strict deadlines as it relates to obtaining footage. The casino is only obligated to retain the footage for a short amount of time so quick legal steps must be taken to ensure the footage is preserved.

Security Camera at a Casino.

How Long Do Casinos Keep Surveillance Footage?

The amount of time a victim has to get casino video footage is very brief. Because this footage is often the best evidence for a personal injury claim, it is essential to get started with the process to require the casino to retain the footage immediately. Time is not on your side.

The Standard 7-to-30 Day Retention Window

Typically, casinos are able to overwrite their security footage after 7 to 30 days. This is the general rule of thumb because of the huge amount of data that must be stored from all of the different 4K cameras.

How long a casino keeps the footage depends on the state regulations. Another factor is whether the casino is operated under tribal law. Tribal casinos have different rules and ways of handling personal injury claims. An experienced Las Vegas casino accident lawyer will be able to walk you through these different regulations.

The First Line Of Defense: Sending a Spoliation Letter

In order to get casino video footage, you must provide a subpoena which requires you to file a lawsuit. It can take some time to go through this process and in the meantime, you need to ensure important evidence is not overwritten. This is where a spoliation letter is essential and must be the first and most immediate step you take after an incident.

What Is a Spoliation Of Evidence Letter?

The spoliation letter is an essential step taken to preserve key evidence. Using legal help, you can write this formal letter stating that you are requiring certain footage, incident reports, and employee logs from a specific date and time be protected. The casino will then be required to preserve these items.

This letter is written immediately after an incident. It legally requires the casinos to preserve certain evidence while the lawsuit is being filed. From there, a subpoena is issued which will legally require the casino to produce the evidence related to the case.

How a Preservation Letter Creates Legal Leverage

This spoliation letter can grant you leverage regardless of whether the casino keeps evidence or not. In the best case, evidence will be preserved. But in cases where the casino destroys evidence after having received the spoliation letter, the court will assume there was something incriminating against the casino in the evidence and will judge the case accordingly.

There are significant legal consequences for a casino if they do not submit to the spoliation letter. It is crucial that you send this formal letter to them as quickly as possible after the incident.

Why Casinos Won’t Voluntarily Release Security Video

Casinos have risk management teams that exist to mitigate situations that could cause an issue for the casino. This includes personal injury claims. These teams are often the first line of contact if you have been injured or involved in an assault or dispute and they are very unlikely to willingly help you put together evidence, like video footage, for your case.

Casinos are often hesitant to release footage as it can cause liability and security issues. To obtain footage for casino slip and fall evidence or evidence for another incident, you will need to go through the legal process, starting with a spoliation letter given to the casino.

How To Legally Subpoena Casino Video Footage

Once the video footage has been preserved, the hard work to subpoena casino surveillance footage continues. This is where your personal injury lawyer will become invaluable as the rest of the steps will be legal and possibly complex as they deal with personal injury law.

Filing a Lawsuit To Initiate Discovery

A subpoena is obtained by taking some initial legal steps and cannot happen through simply walking into a courthouse and demanding one. You must start by filing a formal lawsuit. To do so, the steps of the process generally look like the following:

Prepare the complaint or petition
File the complaint with the court
Once filed, the casino must be formally notified or served
Wait 20-30 days for a response from the casino
If any disputes from casino (likely), a subpoena is issued
The subpoena is used to gather and exchange evidence
If no settlement is made, case goes to trial

Drafting and Serving the Subpoena Duces Tecum

There are different types of subpoenas the court grants. The one most commonly used in lawsuits involving casinos is the Subpoena Duces Tecum which orders a person or establishment to produce physical or digital evidence, not just to testify. This Subpoena Duces Tecum must include certain information. If it is too vague, the casino can object or refuse to comply. Be sure the following is included:

Court information
Recipient information
List of required evidence
Time and place or needed evidence
Statement of legal authority the subpoena is under
Attorney or city clerk’s signature and date
Compliance instructions
Non-compliance consequences

Overcoming Casino Objections & Privacy Claims

Casinos have lawyers who are skilled at pushing back on subpoenas. They may argue that the request is too vague, not relevant, it violates the privacy of other patrons, or reveals too much about security procedures. However, there are ways to negotiate with the casino’s legal team to get the evidence you need.

For example, casinos will often be concerned about the privacy of their patrons, employees, and security operations. You can offer a protective order which only allows your attorney to see the footage or promises the footage is only used for the current lawsuit. You can also suggest face blurring. These negotiation tactics can help push the subpoena duces tecum with the casino through.

Common Casino Claims That Rely On Video Evidence

Video evidence is often a key element in personal injury claims and other lawsuits. Many personal injury cases in casinos as well as other incidents such as disputes or assaults rely on video evidence to prove the details of what happened and establish liability.

Slip, Trip & Fall Accidents

For incidents such as slip, trip, and falls, video footage can show all the details to establish liability. It shows exactly how the incident happened, whether warning signs were present, and how long a certain hazard, such as unmarked spilled water, was around before the injury happened. If you’re able to subpoena casino surveillance footage and it shows that the casino was at-fault, it can help insurance companies move forward and make your case go much more quickly.

Negligent Security and Assaults

When it comes to assaults and security issues, video surveillance can be invaluable. This footage can show:

Who initiated a physical altercation in an assault
How quickly or slowly it took security to respond
Whether a third-party was involved
Dangerous conditions such as broken locks
Lack of surveillance or lighting in a high-risk area
Patterns of neglect if there are repeated crimes in same location
Events leading up to an altercation

Secure Your Case Before The Evidence Disappears

You should not face a personal injury lawsuit against a casino alone. Once an incident happens, the clock starts counting down to when the video surveillance can be overwritten. Casino slip and fall evidence can disappear quickly. You need the help of a skilled Las Vegas personal injury lawyer who can take the immediate actions necessary to preserve evidence so you can have a solid claim.

Contact us today to get started with a consultation and give yourself peace of mind as we handle the legalities so you can recover.

Reviewed by Katie Goldberg, founding attorney at Goldberg Injury Law.