Video footage can provide visual evidence of what happened and lend credibility to your version of events. Footage of the slip and fall accident can show precisely what happened. It may also explain why it happened and or what caused it. Videos of the aftermath can also show the extent of injuries or damages and can even show additional evidence that could be useful in piecing the case together.
For example, it could show hazards, poor lighting, and the victim’s injuries. Video evidence in a slip and fall case can include cell phone videos taken by the injured person or others present and security camera footage of the incident.
Why Is Video Evidence Important in a Slip and Fall Claim?
Not everyone owns up to their actions when caught doing the wrong thing. Some may lie to get out of trouble or avoid paying liability. They may also worry about their reputation or jobs. The negligent party could claim your version of events is false and attempt to paint a picture where they are the victim and the fault is yours to bear.
Video footage is hard to deny or argue against, so it provides concrete evidence to support your case. Here’s a closer look at two ways it can help your case:
- Factual Evidence: Video footage provides an accurate and unbiased record of the events, which can be more reliable than verbal accounts or written statements.
- Credibility: When presenting evidence in court, video footage can help establish your credibility as it is considered a trustworthy source.
How Will Video Evidence Be Used?
An experienced slip and fall attorney can use video evidence to support your claims in many different ways. Each case is different, but here are some common examples:
Proving Causation
One of the most challenging aspects of a slip and fall case is proving that the property owner was negligent and their negligence caused your injuries. Video footage can help establish a clear timeline of events and show how the hazardous condition or carelessness led to the accident.
In some cases, video footage may capture details missed by eyewitnesses or even the person involved in the accident. This is why getting footage from various angles is so important. Even the smallest detail can make a big difference.
Demonstrating Negligence
Video evidence can also demonstrate if the property owner knew about the hazard or had reasonable time to discover it and failed to take action. This can help prove that the property owner acted negligently and is liable for your injuries.
For example, the video footage could show a broken railing or wet floor that has been present for an extended period before your accident. This indicates that the property owner likely knew about the hazard and should have taken steps to fix it.
Calculating Damages
In addition to showing proof of your injuries, video footage can also show the extent of damages you have suffered. For example, if the incident caused you to miss work or require ongoing medical treatment, this can be captured in the footage and used to calculate your damages.
Additionally, injuries may not be immediately apparent after an accident. Video footage can show the severity of the incident and how it has impacted your daily life. This can help prove the extent of your injuries and the need for compensation.
Countering Claims of Contributory Negligence
The defense may try to argue that you are partly at fault for the accident. California is a comparative negligence state. So, if successful, this could lead to a drastic reduction in the amount you receive. Video footage can be used to prove that you were not behaving recklessly and that the property owner’s actions, or lack thereof, were the primary cause of the incident.
Types of Video Evidence in Slip and Fall Cases
A few types of video evidence can be valuable in a slip-and-fall case. These include:
- Private surveillance: This can come from CCTV cameras where the accident occurred, such as a store, hotel, or parking lot. If the accident occurred near other companies, they may also have surveillance cameras that captured the incident. You may need to ask property owners for access to this footage. Some may be reluctant to disclose security camera information.
- City-owned surveillance: In some cases, the city may have surveillance cameras installed in public areas that could have captured the accident. For example, the city might have traffic cameras monitoring intersections that also have stores in their view.
- Cell phone video: In some cases, the injured person may have taken a video of the incident with their cell phone. This can provide valuable evidence of what happened and how it happened. Witnesses in the area at the time may also have footage, even if they didn’t film it intentionally. For example, someone taking a selfie or filming a video may have caught the incident.
- Dashcam footage: A passerby may have dashcam footage of the fall. For example, someone pulling into a parking lot or driving down the street as you fall may have footage of the accident.
If you are unsure who might have surveillance footage of your slip and fall accident, a skilled Los Angeles slip and fall attorney like Sean Salamati can help. Our team can identify potential sources of video evidence and gather it to support your claim.
How Do I Obtain the Video Footage of My Slip and Fall Accident?
If a neutral party, such as an adjacent property or a bystander, is the one who captured the video, you may just need to ask for it. On the other hand, if the defendant is the one in possession of the footage, such as a department store where you slipped and fell, it may not be quite as simple.
Identifying, obtaining, and submitting video footage for admittance into evidence can be challenging. Fortunately, an experienced Los Angeles slip and fall lawyer can handle this process for you. Meanwhile, you are free from the burden of collecting evidence for your case and can focus exclusively on getting well.
An experienced personal injury lawyer can use the discovery process and file a subpoena to obtain this footage on your behalf.
What Happens if the Surveillance Video Was Deleted or Erased?
Time is of the essence when it comes to obtaining video footage of your slip and fall accident. Some surveillance cameras only save the footage for several days, sometimes as little as 24 hours, before deleting or recording over it. The negligent party may also have some extra incentive to expedite the deletion of this footage if you do not contact them immediately. However, this can result in punitive damages in a subsequent slip-and-fall lawsuit if proven.
The good news is that even erased footage could be recovered. Some companies maintain backups, which could include video footage. IT forensics experts may also be able to recover deleted footage, but there is no guarantee of success.
Call Us at Any Time for a Free Case Review
If you were injured in a slip and fall accident in Los Angeles or elsewhere in Southern California, contact Salamati Law. We provide free, no-obligation consultations so that you know your options before moving forward.
We have spent over two decades building a reputation based on integrity, tenacity, and results. We accept personal injury cases on a contingency basis, which means you owe us no fees unless we win money for you. Call anytime. We’re available 24 hours a day.
