A slip and fall on someone else’s property can leave you dealing with painful injuries and unexpected expenses. If you were hurt in Lorain due to unsafe conditions, Obral Silk & Pal Personal Injury Lawyers can help you explore your legal options. An experienced slip and fall lawyer will investigate your case and fight for the compensation you deserve. Call 216-529-9377 today for a free consultation.
The Role of Surveillance Footage in Strengthening Your Slip and Fall Case
Slip and fall accidents can occur at any time and in almost any place, whether it’s a grocery store, a workplace, or a public sidewalk. These accidents often lead to significant injuries, including broken bones, sprains, and head trauma, leaving victims struggling with medical bills, lost wages, and physical pain. When pursuing a slip and fall claim, gathering solid evidence is crucial to demonstrating liability and securing compensation. One of the most valuable pieces of evidence in such cases is surveillance footage.
Surveillance footage can play a significant role in proving the events leading up to the accident and helping to establish the property owner’s responsibility.
How Surveillance Footage Can Help Establish Liability
When filing a slip and fall claim, the burden of proof is on the injured party. In order to succeed, you must prove that the property owner or manager was negligent and that their negligence caused your accident. Surveillance footage can be instrumental in establishing this liability in several ways:
Demonstrating the Hazard That Caused the Fall
Many slip and fall accidents are caused by hazards such as wet floors, uneven surfaces, or objects left in walkways. Often, these hazards are invisible or difficult to notice in the moments before an accident occurs. Surveillance footage can capture these hazards in action, showing how the environment was unsafe and how it contributed to your fall. For example, a video showing a wet floor that wasn’t properly marked or cleaned up could provide clear evidence of negligence.
In some cases, the footage may reveal that the hazard existed for a long period before the fall, helping to prove that the property owner had ample time to correct the dangerous condition. This is important because property owners have a duty to maintain their premises and fix hazards in a reasonable amount of time.
Showing the Actions of the Property Owner or Employees
Surveillance footage can also reveal the actions—or lack of actions—taken by the property owner or employees in maintaining the property. If the footage shows employees ignoring the hazard, failing to place a warning sign, or not cleaning up a spill, it can strengthen your case by showing that the property owner or employees were negligent in maintaining the premises.
For example, if an employee walks past a spill and does nothing about it, and a few minutes later, you slip and fall in the same spot, the footage can show that the accident could have been prevented if the employee had acted appropriately. This type of evidence can be a powerful tool in proving that the property owner or staff were negligent in fulfilling their duties.
Capturing the Accident Itself
In some situations, surveillance cameras are positioned in areas where accidents occur frequently, such as aisles in stores, parking lots, or entryways to buildings. If your slip and fall happened in a location that has surveillance cameras, it’s possible that the accident was caught on tape.
While this footage may not always show the exact cause of the fall, it can still be invaluable by capturing the sequence of events. The video could show your movements leading up to the fall, your attempts to regain balance, and the exact moment you hit the ground. This can help demonstrate that your accident was not due to your own negligence or carelessness but was caused by an unsafe condition on the property.
Supporting Your Version of Events
In many slip and fall cases, there can be conflicting accounts of what happened. The property owner or manager may claim that the accident was your fault, arguing that you were not paying attention or that the hazard wasn’t present at the time of your fall. Surveillance footage can provide objective evidence to support your version of events. If the video shows that the hazard was present or that you were acting reasonably before the fall, it can help dispute the property owner’s version of the incident.
Having footage that supports your claim can make it much more difficult for the other party to deny responsibility for the accident. It can also prevent them from using the defense that you were the one who caused the fall due to negligence.
Why Obtaining Surveillance Footage Quickly Is Crucial
Time is a critical factor when it comes to obtaining surveillance footage. Most surveillance systems overwrite old footage regularly, meaning that if you wait too long, the video evidence could be lost. Once an incident occurs, it’s essential to request the footage as soon as possible to ensure that it is preserved.
Property owners and businesses are not required to provide surveillance footage unless it is specifically requested, and some may be hesitant to share it. Therefore, it’s important to act quickly and make sure that the footage is securely stored before it is erased.
How to Request Surveillance Footage
If you’ve been injured in a slip and fall accident, here are the steps you should take to request surveillance footage:
- Notify the property owner or manager: Immediately inform the property owner, manager, or responsible party about the accident and request that they preserve any relevant surveillance footage. Make sure to get this request in writing and keep a copy for your records.
- Consult with an attorney: A personal injury attorney can help you navigate the process of obtaining and preserving surveillance footage. They can send formal preservation letters to the property owner or business, ensuring that the footage is protected from being deleted.
- Identify the location and time of the incident: You’ll need to provide the exact location and time of the accident. The more specific you can be about when and where the accident occurred, the easier it will be for the business to locate and preserve the footage.
- Follow up regularly: After making your request, follow up regularly to ensure that the footage is being preserved and hasn’t been lost. If the footage is not provided voluntarily, your attorney may need to take legal action to obtain it.
How Surveillance Footage Affects Your Case
Surveillance footage can significantly improve your chances of winning a slip and fall case. By providing undeniable evidence of the hazard, the actions of the property owner or employees, or the exact details of the fall, it strengthens your claim. It reduces the chances of the property owner denying responsibility or trying to shift blame onto you. In some cases, surveillance footage can lead to a quicker settlement, as the evidence makes the case clear and difficult to dispute.
Fighting for the Injured with a Slip and Fall Attorney
Slip and fall accidents may seem simple, but they often involve complex legal issues. A knowledgeable slip and fall attorney can help you gather evidence, build a strong case, and fight for compensation. Obral Silk & Pal Personal Injury Lawyers is proud to represent injured clients in Lorain and beyond. Call 216-529-9377 for your free consultation and get the legal support you need to move forward.