Q: Is a civil suit viable? HOA deleted surveillance video I asked them to save. It would have proved my son was innocent.
We pay monthly HOA fees for amenities, which include security via video surveillance. My son is facing criminal charges and the events that occured were caught on these cameras. This footage would prove the allegations are false. I emailed the HOA asking them to save it. No response. I also went over to where they were actually viewing the video and requested they save it. They said I couldn't be there and they backed me out (this was in a common building in a common area in my community). They ended up deleting the video and not communicating with me. This video would have proved my son to be innocent. He's now facing jail time for something he didn't do and could have been avoided had the HOA saved this video. I'd like to know if I now have a viable civil case?area
A:
In situations where evidence crucial for legal defense is destroyed or deleted, especially after a request has been made to preserve it, you might have grounds for a civil case. This would particularly apply if the deletion of the surveillance video directly impacts a legal proceeding, such as proving your son's innocence. The fact that you pay monthly HOA fees that cover security services, including video surveillance, could further support your case by establishing a duty on the part of the HOA to maintain and protect that surveillance footage, especially when notified of its importance.
It's important to document all interactions you had with the HOA regarding the request to save the video. This includes emails, dates, times of conversations, and the names of any representatives you spoke with. Such documentation could be vital in establishing that the HOA was aware of the importance of the footage and failed to act appropriately. The nature of the HOA's response, or lack thereof, and their actions in deleting the video after being requested to save it, could be seen as negligent or in bad faith.
Consulting with a lawyer who has experience in civil litigation and possibly tort law could provide you with a detailed understanding of your legal options and the best course of action. A lawyer can assess the specifics of your situation, including any existing laws related to digital evidence and the obligations of organizations like HOAs to preserve it. They could also help in determining the potential for damages or other forms of legal recourse based on the harm caused by the deletion of the video.
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