Preserving warehouse surveillance footage and timing information.
What Costco Surveillance Video Should a Lawyer Request
Short answer: Request the fall and enough surrounding footage to investigate its cause. That includes earlier views of the same area, nearby cameras that may show where a spill came from, and the staff response. Give a reason for the cameras and time interval requested.
Start with the camera map and the person who understands the system. A fall-only clip leaves out the lead-up. The useful view may be across the aisle: it could show a package leaking as someone approaches, even without a view of the floor. Entrance footage serves another purpose—it may help identify a witness. Ask the custodian about the recording and export process before assigning significance to a displayed time.
| Recording | Questions for the custodian |
|---|---|
| Playback | Which player is needed? What frame rate was recorded and exported? |
| Time | What generated the timestamp? Which clock settings applied? Can it be compared with a transaction or incident record? |
| Preservation | What retention period applied? Who handled the source and each export? |
Texas Rule of Civil Procedure 196.4 addresses electronic-data requests. Specify the data and the production form; explain the reason for the requested interval. The court may limit an overbroad demand. For annotated exhibits, retain the source and disclose every crop, zoom, speed change and overlay. See the Costco litigation guide for how this work fits the rest of the case. Missing footage calls for its own inquiry into recording and retention.
Preserve the recording before seeking a copy
Send the warehouse a written request as soon as you can; the Costco preservation checklist covers the other evidence to collect.
What should the letter name?
The date and time, such as March 3, about 3:15 p.m., and the location, such as aisle 14 or the frozen section by the rear coolers.
How do you prove it was sent?
Keep a copy of the letter and the delivery receipt.
Does saving the recording get you a copy?
No. The store may produce it. Otherwise, counsel may need discovery in a filed case.
Which retention period applies?
The one set for those cameras. Ask which retention settings applied instead of assuming a fixed deadline.
Coverage before clips
Sketch the aisle before asking for clips.
| Step | What to record |
|---|---|
| Mark | Where the shopper fell, staff and cart routes, and any stocking or cleaning. |
| Ask | Which cameras cover each spot, where the blind spots are, and whether each camera recorded continuously or only on motion. |
Use those answers to explain the time interval you request. The view with the clearest fall is not necessarily the most useful one for origin. An intersecting view might show the leaking package arriving. At the entrance, the useful detail might instead be the face or clothing of a witness. Revisit the requested interval after seeing the map and first production.
Request native and derivative files
Request the files as maintained, or another usable production form, together with what is needed to interpret them. That may include the player or codec, camera IDs, frame rate, time-zone and daylight-saving settings, overlays, export logs and retention schedule. Ask for the relevant exports as well as any insurer’s compilation, and retain each separately. A time shown on screen could come from the camera, a server or the playback software. A receipt from a different system does not establish that either clock was accurate. Rule 196.4 also addresses objections to retrieval or production and extraordinary retrieval expense; a request does not guarantee access to every format.
Worked timing example
This hypothetical uses two cameras with different clocks:
| Source | Displayed time | Observation |
|---|---|---|
| Camera A | 3:04 | A wet-looking patch appears. |
| Camera A | 3:19 | The member falls. |
| Camera B | 3:14 | An employee is near the aisle. |
The custodian establishes that A ran four minutes fast, while B used server time. A’s interval is still 15 minutes. Its corrected times would be 3:00 and 3:15, so the employee’s 3:14 appearance moves from five minutes before the fall to one minute before it.
| Question | How to check it |
|---|---|
| Reflection? | Compare source frames with fixed aisle features. |
| Recording gap? | Check for motion-recording gaps around 3:04. |
| Same spill? | If the patch stays unidentified, the clock math cannot show it was the spill at the fall. |
Connect each scene to the claim
The Costco notice guide treats the liquid’s arrival time as the missing fact, and a clear view of the fall does not show it. Test each scene against the other evidence:
| Footage | Question for the investigation |
|---|---|
| The spill first appears | Is it the same substance at the place of the fall? Are the clock and interval reliable? |
| An employee passes | Could the employee see the hazard, and is there evidence of actual knowledge? Proximity alone is insufficient. |
| The spill remains on the floor | Did the circumstances give staff a reasonable opportunity to discover it? |
| The shopper approaches and falls | Was there a visible warning? Does the view help connect the floor condition to the fall? |
Preparing an admissible exhibit
Who can explain how the file was made?
A witness familiar with the location and recording can explain how the camera and export produced the offered file. That is part of establishing authenticity under Texas Rule of Evidence 901. A comparison with the source should also confirm the derivative’s frame order and speed.
An exhibit change log covers:
- the normal-speed source, kept available with every enlargement or slow-motion version
- each crop, zoom or speed change, logged so a witness can explain it
- the frame edges, since cutting out a warning sign could mislead the jury and invite a Rule 403 objection
- blind spots, since narration cannot turn an area the camera never showed into a recorded view
- inspection records, which may help show what happened there but are a separate source
Investigation and courtroom application
A production schedule makes gaps easier to spot, with one row per camera and a separate row for any insurer’s compilation. Each row covers:
- Camera ID and location, for the recording dates, interval requested, interval received and any gaps
- Original format and export operator, for the available source hash, the export steps and whether the original remains retained
- Derivative or compilation, for the source files used and the differences from those sources
Camera 3’s export might begin two minutes after camera 2 records a leaking item being carried past. The custodian needs to account for those two minutes: reproduce the export, identify what remains retained and explain whether a better source exists than the litigation clip.
The resolution needed to see a person fall may be insufficient to see clear liquid. Enlarging the clip does not add the missing detail. A trial presentation should make that limitation, any blind spots and the validated time corrections understandable. An animation depicting another angle must be labeled as an inference, so nobody mistakes it for a camera recording.
Questions about getting Costco video
Can I request the footage myself?
Yes, in writing, with the incident details and a request for preservation. Costco may decline to release a copy voluntarily.
How much footage before and after the fall should we ask for?
Enough to investigate the hazard's origin, the fall, and the response. Use the camera map and known events to explain that interval. There is no universal number of minutes.
What if Costco says the recording is gone?
First ask what “gone” means:
- whether the original was recorded over, and when
- whether the insurer or anyone else still holds an export
- which retention settings applied to that camera
A missing file does not automatically justify a spoliation remedy. In Brookshire Brothers v. Aldridge, 438 S.W.3d 9, 20–26 (Tex. 2014), the Texas Supreme Court explains the inquiries into a preservation duty, a breach, and the proper remedy.
Can we use a phone video of the monitor?
Keep the phone video and seek the underlying recording. A phone pointed at a monitor can pick up glare or miss part of the frame. Its playback may also differ from the saved file. Comparing both versions can help a witness explain those differences.
Follow the Texas Costco injury guide for the next evidence questions, or discuss your fall with a Dallas slip-and-fall lawyer.
ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers