Slip and fall accidents happen unexpectedly, and they can lead to serious injuries that disrupt your life. When you’ve been injured due to unsafe conditions on someone else’s property, proving liability is essential in pursuing compensation. One tool that can significantly affect the outcome of your slip and fall case is surveillance footage. Read this blog and reach out to a seasoned Manhattan slip and fall lawyer from The Law Office of Richard M. Kenny to learn more. Here are some of the questions you may have:
What Role Does Surveillance Footage Play in a Slip & Fall Claim?
Surveillance footage is often a critical piece of evidence in personal injury cases, especially in slip and fall claims. It provides an objective view of the events leading up to and during your accident.
If available, the footage can confirm important details like the exact location of your fall, the conditions of the premises at the time, and any hazardous circumstances that may have contributed to your accident, such as a wet floor, debris, or poor lighting. This visual evidence can strengthen your claim by offering tangible proof that the property owner or manager was negligent. It helps to establish whether they failed to address a known hazard, creating the unsafe environment that caused your injuries.
However, it’s worth noting that surveillance footage can also work against you. If the footage shows that you were distracted or acting carelessly when you fell, the defense may use it to argue that you share fault for the accident. That’s why having an experienced personal injury attorney who knows how to interpret and present such evidence effectively is crucial.
How Can Surveillance Footage Be Obtained for My Case?
Obtaining surveillance footage isn’t always straightforward. In many cases, property owners or businesses may have security cameras on-site, but that doesn’t guarantee you will automatically gain access to the recordings. Security camera footage is usually controlled by the business or property owner, and they are under no obligation to hand it over without a formal request.
To secure this footage, your attorney will likely need to send a “spoliation letter” to the property owner, asking them to preserve and provide any relevant video recordings. This legal document prevents the destruction or deletion of the footage, which can happen if not requested promptly. Many surveillance systems automatically overwrite old footage after a certain period, so time is of the essence when pursuing this evidence.
How Will Surveillance Footage Influence the Outcome of My Slip & Fall Claim?
Surveillance footage can play a pivotal role in both settlement negotiations and court trials. If the video clearly shows that the property owner or manager was negligent—perhaps by failing to clean up a spill or ignoring a known hazard—it can encourage the other party to settle your claim more quickly and for a higher amount.
In some cases, the footage may even lead to a quicker resolution of your case without the need for a lengthy trial. Video evidence can be hard to refute, and insurance companies may prefer to settle rather than face a strong case backed by such clear proof. On the other hand, if the footage does not support your claim, it could weaken your position, leading to lower settlement offers or a more challenging court case.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
