What can make or break a premises liability claim?
Evidence. Actually, kind of evidence…
Video surveillance footage and smart devices are some of the best evidence you can have to prove negligence. If you don’t have footage, it’s your word against someone else’s.
Luckily…
Security cameras are more prevalent than ever these days. In fact, at least one security camera resides in over 50% of households right now.
But it doesn’t stop there. Doorbell cameras and indoor security cameras have become extremely popular too.
Things you’ll learn:
- Why Video Surveillance Footage Matters in a Premises Liability Claim
- How Smart Devices Have Become Important Evidence Sources
- The Types of Footage That Help Substantiate Your Claim
- Preserving Video Evidence: What You Need to Do
Why Video Surveillance Footage Matters in a Premises Liability Claim
When you file a premises liability claim, you must prove negligence. In other words, you need to show that someone knew there was a hazardous condition on their property but didn’t take care of it or warn others about it.
The problem is that people don’t remember details very well. Witnesses often give inaccurate statements. And of course, nobody is going to admit fault for your injuries.
This is where video footage can be a game changer. Not only does it provide real-time documentation of what happened, but video also doesn’t lie.
Whether you suffered slip and fall injuries due to damaged or cracked floor tiles, it’s important to work with an experienced NYC Slip and Fall Law Firm lawyer who knows how to use video evidence to help prove your claim.
Think about it…
If someone failed to put out a “Wet Floor” sign after mopping, we want to see that with our own eyes. Did an employee know about broken stairs and fail to repair them? Great if we have video showing this happened days before the accident.
Did staff walk past a spilled drink numerous times without cleaning it up? Yeah, we need to watch that too.
That type of video surveillance footage will prove who’s at fault beyond a shadow of a doubt.
How Smart Devices Have Become Useful Evidence Sources
Guess what else helps us gather evidence these days?
Neighbors. Well, sort of…
Doorbell cameras. Indoor security cameras. Smart doorbells. Any of these can record things happening on a commercial property or someone’s home.
Did you know that video doorbell usage has increased to 45% in 2024? Basically, almost HALF of all households have a camera mounted on their front door right now.
You might be thinking:
“If someone trips and falls on the sidewalk, the homeowner’s video camera won’t help.” Right?
Wrong!
When it comes to collecting evidence, we want to think outside the box. Perhaps footage from:
- A nearby doorbell camera caught your incident
- Traffic cameras are available in the area
- A local business has video surveillance that could help
- Someone was walking by with a dash cam on their vehicle
As you can see, there are tons of different sources to obtain video these days. Make sure to preserve any and all footage you become aware of.
The Types of Footage That Can Help Your Case
Some footage is better than others. For example, if you have video clearly showing there was a wet floor sign present at the time of your slip and fall accident, that’s awesome.
It defeats your claim right then and there.
Instead, we want the following types of video surveillance footage to help prove your case:
Footage that captures the hazardous condition. If someone failed to clean up a spill or repair damaged stairs, we want video showing the problem existed BEFORE your accident occurred.
Video of the actual incident. Obviously, this isn’t always possible. But if you do happen to catch your fall on video, it can eliminate any disputes about how you were injured.
Timestamped video showing no warnings were present. Few things prove negligence instantly like video showing there were no cones, caution tape, or barriers around a dangerous condition.
Evidence with timestamps on it. Stamps tell us the exact date and time something was recorded. With slips and falls, timestamps can help us prove the property owner should have known about a dangerous condition.
Plus…
Even video that doesn’t capture the actual accident can help your case. Foot traffic videos can establish how often someone should have been monitoring an area.
Preserving Video Evidence: What You Should Do
Unfortunately, it’s not always this easy…
Property owners rarely admit fault and many businesses don’t retain surveillance video forever. Some systems automatically overwrite old recordings every 7-30 days. Others delete footage even quicker than that.
That’s why it’s CRITICAL to act quickly if you were hurt on someone else’s property.
Immediately after an accident occurs, you’ll want your attorney to send what is known as a spoliation letter to the property owner. A spoliation letter puts them on notice to preserve video evidence related to your incident.
If they delete video after receiving your attorney’s letter, you can go back to court and ask the judge to tell the jury that video would have been unfavorable to the property owner.
Trust me….
You don’t want to deal with deleted video evidence if you can avoid it. This tactic can massively strengthen your case.
In order to preserve video, consider the following:
- Notify the property owner about your accident and ask them to preserve video evidence
- Write down where you see any video cameras when you arrive at the scene
- Ask any witnesses if they recorded the accident on their cell phone
- Contact a premises liability lawyer to send a spoliation letter
Surveillance video doesn’t last long. Get help preserving this evidence immediately.
Video Evidence Can Make Insurance Companies Terrified
What scares insurance companies?
Video footage that doesn’t lie.
Insurance companies and negligent property owners know exactly what they’re up against when there’s clear video evidence of their negligence. They know what a jury will see when they look at that video. They know it doesn’t look good.
Police often use video surveillance footage to determine who was at fault after a car accident. It’s that powerful.
Needlessly long litigation can be avoided when video exists. Gone are the days of denials and lowball settlement offers if video proves liability.
Takeaway: We can use video to pressure property owners into settling and obtaining you the compensation you deserve without having to file a lawsuit.
Why Does Deleted Video Ever Work Against Property Owners?
Now, what if video surveillance footage is destroyed OR it doesn’t exist?
Counterintuitively…
Juries tend to side with accident victims when video goes missing. The average juror will look at a property owner who refused to preserve video or who deleted footage and think, “Hmm, I wonder why they got rid of that video?”
That’s not a good look.
Video Evidence Helps Us Win Verdicts and Settlements
Just like with car accidents, premises liability claims are settled and won every day with the help of video evidence.
Camera systems are everywhere these days. If there was video recording your accident, we need to obtain and preserve that evidence before it’s gone forever.
Damaged or cracked flooring in office buildings should be repaired. Wet floors should be marked with caution signs. If there’s no video proving these accidents could’ve been prevented, you might not win your case.
Learn More About Using Video Evidence for Your Slip and Fall Accident
Video evidence doesn’t just help us win cases. Cameras and smart devices have helped revolutionize personal injury claims in general.
If you were injured because someone was negligent on their property, don’t hesitate to reach out to our law firm. We have years of experience gathering evidence to help prove who’s at fault.
With over 1 million Americans heading to the emergency room each year due to slip and fall accidents, contact us to see how we can help you obtain the compensation you deserve.