Many times stores and other businesses record their premises. But also often times the recordings get deleted after a certain period of time. Therefore, it can be useful to send an evidence preservation letter so that they are put on notice of an incident occurring and don’t delete the videos or other recordings. This letter won’t guarantee the preservation of evidence, but it could be helpful in showing that businesses intentionally destroyed evidence.
Sample Preservation Letter
VIA CERTIFIED MAIL AND FIRST CLASS MAIL ONLY
[NAME OF OWNER OF PROPERTY/VEHICLE WHERE INCIDENT OCCURRED]
Date of Loss:
To Whom It May Concern:
Please be informed that this letter is in connection with an incident that occurred to me on the above referenced date.
This letter will serve as a FORMAL DEMAND THAT YOU PRESERVE ANY AND ALL EVIDENCE RELATING TO the incident that occurred at [LOCATION] on [DATE] at approximately [TIME].
Demand is hereby made for your company to maintain AND preserve any and all ORIGINALS AND COPIES OF videos (including security and surveillance videos) and photographs of the inside, OUTSIDE, AND ENTRANCE ways of the subject location, for the 24-hour period before and after THE ABOVE-DESCRIBED INCIDENT. ADDITIONALLY PLEASE IMMEDIATELY FORWARD COPIES OF THESE VIDEOS AND PHOTOGRAPHS TO MY ATTENTION.
Kindly note that it is imperative that you take affirmative steps to preserve any item(s) related to the above-referenced incident/claim. The failure to do so may constitute negligent or intentional spoliation of evidence and which can result in the imposition of sanctions in any lawsuit or action, including an order barring the introduction of any such evidence.
Lastly, please immediately contact our office with the contact information for your applicable liability insurance carrier. In the meantime, please notify your insurance company of this incident, if you have not already done so. Please have a representative of your insurance company contact me as soon as possible but no later than ten days from the date of this letter. This will eliminate the need for us to contact you further.
Thank you for your professional courtesy and cooperation as well as your attention to this matter. Please contact the undersigned upon receipt of this letter to discuss the matter.
Very truly yours,
[YOUR NAME AND SIGNATURE]
This letter does not guarantee the preservation of evidence. Please consult with an attorney for legal advice regarding the use of this letter. Many times businesses and individuals will intentionally destroy evidence to avoid liability. It is important to consult with an experienced attorney to help navigate this legal process. Advertisement. This is not a guarantee, warranty, or prediction regarding the outcome of your legal matter. Jonathan Roven is a California attorney, is responsible for this post, and may be reached at 800-566-4868. This post and website apply to California only.
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