Legal News Alert

Surveillance Protocols

Date: 10.28.2003

Brinks & Associates has always recommended that companies be careful in methods of surveillance in injury cases. These general rules apply to surveillance conducted for clients on behalf of the firm: All videotaping should show the date and time. All field time should be accounted for in the written report. No one should trespass on private property. Use of misinformation and pretext should be very, very carefully considered before moving forward and are rarely in the best interest of the client’s case. Claimants should never have direct contact with a person conducting surveillance, and if the operation is spotted, surveillance should cease and the firm should be immediately advised of the event.

We attach a copy of a recent unpublished Court of Appeals case where a claimant sued a carrier and surveillance company for stalking and other claims.

(Nastal v Henderson & Associates, et al, Court of Appeals, unpublished decision 241200.)

The Court is careful to note that the decision is “limited to its facts” but we can be sure that counsel for claimants will be writing letters and relying upon it to try to discourage legitimate surveillance of personal injury plaintiffs. We have been successful in the past in resolving cases with the use of targeted surveillance, conducted in an appropriate fashion, and will continue to recommend its use to our clients.

If you have any questions about surveillance, feel free to call our firm for our opinion on specific situations.

Copyright 2003, Brinks & Associates, PLLC

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