Security camera video surveillance footage can be a powerful tool for multifamily properties, acting as a crucial witness in various liability claims. However, effectively leveraging surveillance requires understanding best practices for footage storage and preservation.

In a recent webinar, Lauren O'Brien, CRO of Cloudastructure, spoke with Amanda Podlucky, a partner at Cobb/Gonzalez specializing in general liability, to discuss key considerations for storing surveillance and using it to defend against potential claims. 

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Why is Surveillance So Important in Court?

In most states someone can make a claim against a property a full two years after the incident occurs. And more time will pass before that claim reaches court. That’s a long time to rely on witnesses: staff may have left for new jobs, residents may have moved out.

In many cases, surveillance footage can be your best witness against  many common claims including:

• Slip and Fall/Trip and Fall
• Dog Bites
• Criminal Activity/Negligent Security
• Eviction/Lease Violations
• Parking Lot Accidents/Property Damage
• Footage can document unauthorized entry
• Inadequate Maintenance Leading to Injury
• False Allegations of Harassment and Misconduct

But all too often, there isn’t a documented set of best practices for property managers to follow regarding storing that footage.

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Best Practices for Storing Surveillance & Incident Reporting

• Act Quickly: Memories fade, and information is lost over time. Gather information as soon as an incident is reported.
• Incident Reports: Document, document, document. Fill out detailed incident reports, including who was involved, who witnessed the incident, and where it happened. Crucially, do not show the incident report to the person involved to preserve attorney-client privilege. If they wish to make a statement, they should write their own separately which you subsequently attach to the incident report. 
• Photographs: Take photos immediately after an incident, even if there appears to be nothing to photograph.  Photos of "nothing there" can be valuable in defending against claims. For instance, after a tenant or visitor tells you they were injured due to leak in a stairwell, have them show you where the fall occurred immediately and photograph the area. If there’s no puddle, the individual will have a hard time later proving their case. If there was indeed a puddle, this could save a lot of time of money fighting a losing case in court. 
• Witness Statements: Obtain statements from any witnesses and attach them to the incident report. Just remember your incident report is proprietary and no one outside the business is entitled to it. 
• Resident Files: For incidents involving residents, gather their lease, application, renewals, addenda, and maintenance requests. This information can reveal pre-existing conditions or other relevant details.
• Inspection Reports: Collect inspection reports related to the area where the incident occurred (e.g., balcony inspections, stairwell inspections) to demonstrate preventative maintenance measures.

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The Power of Surveillance

Surveillance footage is often the best evidence for investigating incidents and verifying claims. Be sure to:

• Save Footage: from an hour before, during, and and hour after the incident. This can be crucial for disputing later claims about injuries or limitations. For example, footage of someone claiming a back injury playing tennis a few days later can be very effective.
• Save post incident footage on a separate playlist from footage of the incident itself. This can be really important to your attorneys because all footage of the incident itself will have to be handed over at discovery. There is no obligation at that juncture however to turn over post incident footage - such as a slip and fall claimant playing tennis or working out in the gym.  If it’s on a separate playlist, your attorneys can introduce it into evidence if they need to at a later date. But if you’ve saved it all on the same playlist, that advantage is lost. 

If you use a cloud video surveillance system that stores only motion-based footage, do not worry that you do not have continuous footage. You are not obligated in court to produce footage that does not exist - you are only required to turn over what you have immediately surrounding the incident. And the really good news is the video is in the cloud - you’ve got redundancy. 

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Facial Recognition Can Be Useful in Resident Liability Claims

Remember that it’s easier to gather information on residents than non-residents. Not only do you have access to lease agreements, applications, and other relevant details, but you have surveillance of their comings and goings after the incident. 

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If you have AI surveillance with facial recognition software, that’s a distinct advantage:  you can automate keeping track of that resident: if they’re seen struggling, that can help you make a decision to settle. But if they’re routinely working out in the gym or going for a run, that’s evidence too and might help you make a different decision about the claim.  Be proactive and create a playlist of such activities.

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In conclusion

Proactive surveillance and diligent footage storage are essential for protecting multifamily properties from liability. By following these best practices, properties can leverage their surveillance systems to act as a powerful witness in defending against potential claims.

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