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Is it reasonably foreseeable that security guards would tamper with video evidence?

Los Angeles, CA |

A woman was falsely accused of a hit and run. Tape does not show a hit and run. it shows a woman being detained, given a parking ticket, and then allowed to leave. The extreme angle of the tape makes it seem like there could have been contact. All other video was deleted. An argument which allegedly occurred was also deleted. Other video would not have shown any contact between cars at all. Is this kind of tampering forseeable? I think so in the age of Youtube, but I am not aware of any cases which address these issues.

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Attorney answers 3

Best Answer

There is an affirmative duty imposed upon defendants to preserve all relevant evidence in anticipation of litigation. See Williams v. Russ (2008) 167 Cal.App.4th 1215, 1223. In most cases, the day this duty arises the day of the injury causing event.

For other cases dealing with the altering or destruction of evidence see: Stephen Slesing, Inc. v. Walt Disney Co., (2007) 155 Cal.App.4th 736; Vallbona v. Springer, (1996) 43 Cal.App.4th 1525 and Karz v. Karl, (1982) 137 Cal.App.3d 637.

Of course there's not much you can do until a lawsuit has been filed, but if a defendant has tampered with, withheld or done the unthinkable and destroyed relevant evidence, then there are certain actions that can be taken against them. Also, you would have to be able to prove that the tapes have been tampered with. A mere allegation unsupported by proof will not justify any sanctions imposed by the Court.

This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter.



Anything specific about video? From what I can see, the only way to prove it would be though witness statements.

David M Blain

David M Blain


I'm not sure I understand your question. Does the video capture the accident or does it just show the woman being ticketed? Statements from witnesses that are contradictory to the video can help, but you'd likely need to have a person with knowledge of video modification to give his/her opinion that the video provided by the defendants has been modified and is not in its original form.



My question is whether or not there is a case which has a similar tampering with video and whether or not tampering with video can be considered reasonably foreseeable.



And cases - are there cases that have some kind of element of employee's tampering with video and whether or not that was considered to be reasonably foreseeable. Thanks.


I agree with Mr. Blain. His analysis is accurate.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


Happens all the time, but luckily there is a "spoliation of evidence" inference.

The answer does not create an attorney-client relationship and is for informational purposes only.

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