Slip and fall cases, like all accident cases, rely on evidence to prove the victim’s claim that the defendant was negligent and liable for their injuries and damages. Surveillance footage can greatly impact a slip and fall case by providing irrefutable visual evidence of how and why the accident occured. Depending on what is found in the video, the footage can strengthen a plaintiff’s claim or contradict their case. For more information on whether or not you can use surveillance footage in your case, reach out to a skilled New Jersey premises liability lawyer today.
What is Premises Liability Law?
Premises liability law is a legal standard that property owners must uphold. Under this law, if you are injured in an accident, the property owner is liable for your injuries, given that their negligence caused the incident. Under premises liability, property owners are legally obligated to maintain a reasonably safe environment for visitors who are lawfully on the property. If they fail to do so they may be responsible for covering the costs of injuries and compensating victims.
Can Surveillance Footage Benefit a Slip and Fall Case?
Surveillance footage can benefit a slip and fall case but it can also be detrimental depending on what is shown on the video. It will benefit everyone involved by showing the truth of the events that transpired but which side it helps is dependent on whether or not the property owner was negligent.
If the footage shows the property owner taking reasonable steps to prevent an accident, like cleaning up spills promptly or putting out warning signs, it may be detrimental to the plaintiff’s claim. However, if the video shows that the owner was negligent like failing to clean up a spill that they were aware of, it can benefit the plaintiff’s claim.
Surveillance footage serves to demonstrate negligence and liability, as well as establish credibility. If the story the video tells aligns with the plaintiff’s account of events, it serves to boost their credibility. If it does not, it will weaken their case. The same goes for the defendant.
Are There Any Drawbacks?
Besides being potentially damaging to the victim’s case, surveillance footage has limitations. Its usefulness can be affected by the quality of the footage, the angle of the camera, lighting, and more. The video may not be clear enough to use or to prove with 100% accuracy whether or not the property owner was negligent.
Some establishments or personal property may not be equipped with surveillance cameras or they may not store data after a certain period of time has passed. While surveillance footage can significantly impact a slip and fall case it may prove underwhelming in its ability to sway a judge or jury. Contact a knowledgeable lawyer at Rubenstein, Berliner & Shinrod, LLC to discuss your case and how surveillance video may be able to benefit your claim.
