The casino started building its file the night you got hurt. Security wrote a report, someone may have pulled a clip, and a risk management team now knows your name. An evidence preservation letter is how you make sure the rest of that evidence is still there when your claim needs it.
Here is what the letter is, why it matters so much at a Las Vegas casino, and what it should say.
What Is an Evidence Preservation Letter?
An evidence preservation letter is a written notice telling a business to keep, and not delete, change or throw away, anything connected to an incident that may become a legal claim. You may also see it called a litigation hold letter or a spoliation letter. “Spoliation” is the legal word for destroying or losing evidence.
The letter does not start a lawsuit, and it is not a court order or a subpoena. It doesn’t force the casino to hand anything over. What it does is put the casino on formal, dated notice that a claim is coming and that specific evidence matters. Under Nevada law, that notice changes what the casino is expected to do with the evidence.
Why Send a Preservation Letter to a Casino
Casinos are among the most heavily recorded places in Nevada. That works in your favor only if the recordings and records survive. A preservation letter is the tool that keeps them from quietly disappearing.
The Video Clock Started When You Fell
Casino surveillance systems record constantly and write over older footage on a schedule. Gaming rules only require some cameras to keep recordings for a minimum of about a week, and cameras in hallways, garages and pool areas aren’t covered by those rules at all. Our guide to getting casino surveillance footage after an injury breaks down those timelines camera by camera.
The short version: if no one asks the casino to keep the video, it may be gone before you’ve even seen a doctor twice.
It Turns “We’ll Look Into It” Into Written Notice
Telling a security officer “I want the footage saved” is a start, but it’s easy to forget and hard to prove later. A letter creates a record of exactly what was requested, from whom and when.
That date matters. The Nevada Supreme Court has held that a business’s duty to preserve evidence can begin before any lawsuit is filed, once it’s on notice of a potential claim. In that case, the notice came from a family member asking the store for its surveillance tape within days of a fall. A written preservation letter is the clearest version of that notice.
It Takes Away the “Routine Overwrite” Excuse
Before a casino knows a claim is coming, recording over old video is ordinary business. After it receives a preservation letter, “our system always records over it” stops being a clean explanation. The same goes for cleaning logs, maintenance records and staff notes that might otherwise be discarded on a normal schedule.
It Sets Up Consequences If Evidence Goes Missing
If evidence is lost carelessly after the casino was on notice, a Nevada court may allow the jury to infer that the evidence would have hurt the casino. If evidence is destroyed on purpose to harm your case, Nevada law presumes it would have been unfavorable to the casino. Those outcomes are up to the court and depend on the facts. The letter is what makes the argument possible, because it proves the casino knew.
What a Preservation Letter to a Casino Should Name
A vague letter (“keep everything about my accident”) is easier to sidestep. A strong letter names the incident and the evidence with precision:
- The basics: your name, the date, the approximate time, and the exact location (for example, the slot row, the bar, the parking garage level or the pool deck).
- Every camera that could have captured it: not just the one pointed at the spot, but cameras covering the approach, the exits and nearby areas, including non-gaming areas.
- A time window: footage from well before and after the incident, not only the moment of the fall or the attack. Earlier video can show how long a spill sat there or who walked past it.
- The security incident report: plus any photos security took, witness statements, and notes from officers who responded.
- First aid and medical response records: logs from in-house medical staff or EMTs called to the scene.
- Dispatch and radio logs: records showing when security was called and how long it took to respond.
- Players club data: if you were using a rewards card, the casino’s system may show where and when you were playing, which can pin down your location and timing.
- Cleaning, porter and maintenance logs: when the area was last inspected or cleaned, and any work orders for the hazard.
- Prior similar incidents: reports of earlier falls, injuries or assaults in the same area.
- The physical evidence: a broken chair or stool, a torn mat, a loose railing. Ask that it be kept as is, not repaired or thrown out.
For an assault, the list usually grows to include security staffing records, patrol logs and prior incident reports, which matter when you sue a property after an assault in Las Vegas.
Who Else Should Get One (It’s Often More Than the Casino)
A large Las Vegas resort is rarely just one company. Depending on where and how you were hurt, a letter may need to go to:
- The resort operator, sent to its legal or risk management department, not just the front desk.
- A restaurant, nightclub or shop that leases space inside the property and runs its own staff and cameras.
- A security contractor, if the resort uses an outside company.
- An elevator or escalator maintenance company, whose service records can decide who is liable for an elevator or escalator injury.
- A cleaning or maintenance contractor responsible for the area.
A preservation letter carries the most weight with a business that may end up being a party to your claim. For others, it still creates an early record, and once a case is filed, a lawyer can use formal legal tools to get their records. Sorting out which companies belong on the list is a core part of building Nevada premises liability claims.
When to Send It, and Who Can Send It
When: as soon as possible, ideally within the first few days. Nevada generally gives you two years to file an injury lawsuit, but the most important evidence can be gone in a week. Waiting until you’ve finished treatment, or until the casino’s claims team calls you back, is how footage gets lost.
Who: anyone can send a preservation request, including you. If you send one yourself, keep it short and factual: who you are, the date, time and place, and the specific evidence you want kept. Don’t describe your injuries in detail, guess at what happened or apologize. The casino may use anything you write.
A letter from a Las Vegas casino injury attorney tends to be more complete and more specific, and it signals that the claim is real. It also goes to every party that should receive one, not just the resort. If you’re visiting from out of town, that letter can go out before you fly home, and the work can continue after you leave.
What a Preservation Letter Won’t Do
A preservation letter keeps evidence from disappearing. It doesn’t put that evidence in your hands. Casinos almost never give injured guests their footage or internal reports just because they asked. A lawyer gets them through the claims process or a lawsuit, as covered in our guide to getting a copy of a casino incident report.
A letter also can’t bring back video that was already recorded over before the casino received it. That’s the whole reason speed matters.
Finally, expect a reaction. Once a letter lands, the resort’s risk management team or its insurer may call you, ask for a recorded statement or offer a comp. Before you say anything on the record, read up on whether to give a recorded statement, or simply refer them to your attorney.
Frequently Asked Questions
What is the purpose of a preservation letter?
A preservation letter puts a business on written notice that a legal claim may be coming and that specific evidence must be kept. At a casino, that usually means surveillance video, the security incident report, witness statements, medical response logs, cleaning and maintenance records, and any physical object involved. The letter’s main job is to stop routine deletion before it destroys proof of what happened. It also creates a dated record that the casino knew. In Nevada, that notice can support an argument that a jury should be allowed to infer that lost evidence would have hurt the casino. Every case is different, so it helps to have an attorney tailor the letter to how and where you were hurt.
When should a preservation letter be sent?
As soon as possible after the incident, ideally within days. Gaming rules only require some casino footage to be kept for about a week, and cameras outside gaming areas follow each property’s own schedule. Records like cleaning logs and incident notes can also be discarded on a routine basis. Your deadline to file an injury lawsuit in Nevada is generally two years, but that has nothing to do with how long the casino keeps evidence. Sending the letter early is what protects your ability to prove the claim later.
Is a preservation letter a legal demand?
It’s a formal written demand, but it isn’t a court order, a subpoena or a lawsuit. The casino isn’t legally required to send you anything because of it. What the letter does is put the casino on notice of a potential claim. Under Nevada law, a business on notice is expected to preserve relevant evidence, even before a lawsuit is filed. If evidence goes missing after that point, a court can hold that against the casino. So while the letter itself doesn’t force the casino to act, ignoring it carries real legal risk.
Who can send a preservation letter?
Anyone can send one, including the injured person or a family member. A personal request is better than nothing, especially in the first day or two. A letter from a lawyer is usually stronger. It names the right evidence in the right detail, goes to every company that may share responsibility, and makes clear that a claim is being pursued. If you write one yourself, stick to the date, time, location and the evidence you want kept, and leave out any description of fault or your injuries.
Send the Letter While the Evidence Still Exists
You didn’t plan for your trip or your night out to end with an injury. The casino, on the other hand, has a system for exactly this, and it started working the moment security arrived.
Glen Howard worked as an insurance defense attorney before he started representing injured people. He knows how the other side handles a claim file, and what changes once a preservation letter lands. When you’re hurt at a Las Vegas resort, Howard Injury Law can get preservation letters out quickly, to the casino and to every other company that should receive one.
Not sure you have a case? That’s what the conversation is for. Request your free case review today. There’s no fee unless we win, and the sooner the letter goes out, the more evidence there is to work with.
