If you’ve been injured in a slip and fall accident in California, video evidence can be crucial in proving liability and strengthening your claim. Surveillance footage, security cameras, or even smartphone videos can help document the hazardous conditionsthat led to your fall. To protect your rights, you should act quickly to obtain this evidence before it is deleted or overwritten. Presenting a compelling case requires concrete evidence.
Because the outcome of your case relies on proving to the court that negligence was a factor, we highly advise you enlist the help of an experienced slip and fall attorney at Salamati Law. Schedule a free consultation today.
Steps to Take to Gather Video Evidence
As noted, video evidence is crucial in a slip and fall case in California as it can clearly show the hazardous condition that caused your accident and prove liability. Since many businesses delete security footage within days, acting quickly to request, preserve, or subpoena the video is essential.
The steps to obtain evidence for your slip and fall claim are as follows:
- Request the Footage Immediately – Contact the property owner, business, or security office as soon as possible to ask for a copy of the video before it is overwritten or deleted.
- Send a Formal Preservation Letter – Your lawyer can draft and send a spoliation letter to the responsible party, legally requesting that they preserve all surveillance footage related to the accident.
- Check Nearby Cameras – Look for security cameras in adjacent businesses, parking lots, or traffic cameras that may have captured the incident from another angle.
- Obtain Witness Footage – If bystanders or other customers recorded the accident on their smartphones, ask for a copy or collect their contact information for later retrieval.
- Subpoena the Footage – If the property owner refuses to provide the video, your attorney can file a subpoena during litigation to legally obtain the evidence.
- Review Public Surveillance Sources – In some cases, government-operated security cameras in public spaces may have recorded the fall, and these may be accessible through legal requests.
- Act Quickly – Many businesses automatically delete security footage within days or weeks, so gathering video evidence as soon as possible is critical to supporting your claim.
How Does a Slip and Fall Lawyer Prove Negligence?
To prove negligence in a slip and fall claim in California, the burden is on you (the plaintiff) and your attorney to establish that the property owner or responsible party failed to maintain a safe environment, leading to your injury.
This involves demonstrating the following four key elements:
- Duty of Care – The property owner or business was legally obligated to maintain safe conditions for visitors.
- Breach of Duty – The owner failed to address or warn about a dangerous condition, such as a wet floor, uneven pavement, or poor lighting, which can be established with video evidence.
- Causation – The hazardous condition directly caused the slip and fall accident, leading to injuries.
- Damages – The victim suffered actual harm, such as medical expenses, lost wages, or pain and suffering resulting from the fall.
At Salamati Law, we work to obtain surveillance footage, as well as witness statements, maintenance records, and expert testimony to prove negligence. Since California follows a pure comparative negligence standard, the defense may argue that the victim was partially at fault. Trust our team to leverage our resources and experience to counter these arguments from the defense and fight for your right to recover compensation for your damages and losses.
Schedule a Free Consultation with Salamati Law
When faced with the aftermath of a slip and fall accident due to someone else’s negligence, you must make quick decisions that could have long-term implications, including gathering video evidence. Our legal team is well-versed in the intricacies of slip and fall cases, and with our legal support, we will work hard to win your case.
Contact us for a free consultation and speak with a Los Angeles slip and fall lawyer today. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
