Proving that a property owner is responsible for a slip-and-fall accident can be challenging. You need to show not only that the accident happened but also that the property owner’s negligence resulted in your injuries. If no one witnessed the incident, this may feel next to impossible.
But have you explored the possibility of surveillance footage capturing your accident on camera? Many businesses and even residential properties have security cameras that are always rolling. A slip-and-fall attorney can help you gather and use this evidence to support your case.
How Surveillance Footage Can Either Help or Hurt Your Case
Unfortunately, slip-and-fall cases are sometimes the targets of scammers. Individuals try to claim that a property owner’s negligence caused them to stumble and break a leg or experience other injuries, when in reality, they faked the accident as a money-making scheme.
This reputation has made insurance companies and judges wary of these types of premises liability claims. However, having surveillance footage as evidence that clearly shows your accident can dispel any doubts about the legitimacy of your case.
Ideally, this footage will:
- Clearly show the cause of your accident
- Be from a close enough distance to show the details of the hazard that caused you to stumble
- Demonstrate that the injury was accidental and not something you purposefully caused
In rare cases, surveillance footage could hurt your case. It may raise more questions than answers or make it look like you faked the accident when you really did not. That’s why it’s important to work with a slip-and-fall attorney who can evaluate this evidence and determine how to use it in your case.
How Do You Secure Surveillance Footage?
Security camera footage may not always be easy to acquire in a slip-and-fall case. Property managers and business owners may not want to give this evidence away freely, especially if they know it paints them in a bad light.
Your attorney can help you request a copy of this footage from the property owner. If they refuse, you may need to submit an evidence subpoena, which is a court order that would legally require the defendant to pass over the evidence. You need to acquire the footage as soon as possible to avoid missing the statute of limitations for slip-and-fall cases or losing access to this valuable evidence.
Property owners may try to delete or destroy camera footage before you have time to review it. If you suspect this has occurred, your lawyer can help you claim that the defendant tampered with evidence, which is a crime.
Other Evidence That Can Boost Your Case
If you can’t access surveillance footage of your slip-and-fall accident, you may be able to prove negligence and duty of care in other ways. This evidence can also bolster your case:
- Photos of the accident scene after the injury
- Witness testimonies
- Previous accident reports from the business showing that the hazard was present
- Testimony from employees about how long the hazard existed
- Medical documentation describing your injuries
Your slip-and-fall attorney will gather as much evidence as possible to use in your insurance claim or lawsuit. Even without video evidence, you may have a strong enough case to claim compensation for medical expenses and lost wages.
Contact a Slip-and-Fall Attorney Today
At Stewart & Stewart Attorneys, we help accident victims like you seek the maximum compensation for their injuries. Allow us to help you understand comparative fault in slip-and-fall lawsuits and how you can build the strongest case, with or without surveillance footage.
Contact us today at (800)-333-3529 to schedule a consultation.