Injuries are common after a slip and fall accident, but getting compensation for them can be challenging. Surveillance video footage of the incident can be a powerful form of evidence to prove what happened and how you were hurt.
Here’s how to request security camera footage from the establishment you fell at and what our experienced slip and fall lawyers can do to help you get the compensation you deserve.
The Benefits of Having Video Footage of Your Slip and Fall
If any video recordings of your fall exist, they can be extremely valuable to your case. Here’s why:
Video Provides an Objective Account of What Happened
Unlike witness testimony, which is often flawed, surveillance footage provides an unbiased record of the incident from start to finish. The opposing side can’t question the motivations or credibility of a recording like they can a person, and it’s more difficult for them to twist what happened into their preferred narrative.
A Recording Can Show The Conditions Before Your Fall
Often, there are no witnesses to attest to what may have caused a slip and fall. However, a surveillance tape can show the conditions of the establishment you were in prior to the accident. If there was a spill that an employee saw and didn’t clean up, or a manager failed to provide timely aid after you fell, this would be clearly evident in footage from a security camera recording the area.
Video Evidence Can Illustrate the Severity of Your Injuries
Another critical component of your case that security cameras may have captured is how severely you were injured during the fall. Judges and jurors will be able to see the immediate aftermath of the incident, like if you hit your head on something during the fall or were unconscious for a period of time.
What Attorneys Are Looking For In the Video
Video surveillance tapes can prove several key facts of your case, including:
- Where and when the fall happened
- Who was in the area right before the accident
- If there was a hazard that staff knew or should have known about
- How severe the fall was
- If any people witnessed the incident
- Whether you were able to get up after the fall
- If you needed emergency medical care as a result of the fall
Where to Find Surveillance Tapes That May Have Recorded Your Fall
Most establishments have security cameras that cover the entire square footage of their properties. Here are some common facilities that are likely to have video evidence of your slip and fall accident:
- Grocery stores
- Shopping malls
- Hospitals
- Parking lots
- Parking garages
- Offices
- Gas stations
- Convenience stores
- Casinos
- Museums
- Airports
- Hotels
- Government facilities
How to Get Copies of Recorded Material Relevant to Your Case
One of the first things your personal injury lawyer will do when starting work on your case is to send what is called a spoliation or preservation letter to the property owner. If there are multiple sources of footage, your lawyer will send a separate letter for each. This informs them that a case is pending and legally requires them to maintain evidence relevant to your case. They must also provide a copy to your attorney.
Before this letter is sent, establishments have the right to do as they wish with their recorded material, including delete or record over it. Often, tapes are recorded over every 30 days just to keep the volume of saved material to a minimum.
But, once the spoliation letter is received, the facility must find and set aside all recorded footage for the upcoming case. This is why it’s so critical to act quickly and start working with a slip and fall lawyer as soon as possible.
If the court later finds that the defendant in your case was in possession of a recording they didn’t provide, they could be held in contempt of court and your attorney can argue they are hiding evidence.
How to Hold Negligent Establishments Responsible with Mazow | McCullough, PC
At Mazow | McCullough, PC, we’ve successfully represented dozens of slip and fall victims and their families and can do the same for you. Contact us online or call (978) 744-8000 to schedule your free consultation to discuss your case. You can also reach us toll-free at (855) 693-9084 for your convenience.
