Slip and fall accidents are some of the most common types of personal injury claims in New York, often occurring in stores, restaurants, parking lots, or apartment buildings. Proving negligence can be challenging, but video surveillance and other types of evidence can play an important role in supporting your case. Understanding how surveillance footage is used can make all the difference in your slip and fall case. Continue reading and consult with a Rockland County slip and fall lawyer for more information today.
How Can Surveillance Footage Impact an NY Slip and Fall Case?
Photos and videos are among the strongest pieces of evidence that can be used in any case, especially a slip and fall. Security footage offers an objective account of the events that transpired and can be viewed by the attorneys, insurance adjusters, judge, or jury, so even those who were not present can witness the accident.
Some examples of what surveillance footage can do include:
- Establish how long a hazard existed before the accident took place
- Confirm that there were or were not warning signs or barriers set up
- Prove whether the owner or employees ignored or failed to address the issue in a timely manner
If you are filing a slip and fall claim or lawsuit, these types of evidence can support your case and bolster your credibility. On the other hand, however, the footage could hurt your case depending on the circumstances. A surveillance video can work against you if it shows that you were distracted, you ignored visible hazards or warning signs, you entered an area that was restricted or closed, etc.
The way that surveillance footage impacts a slip and fall case depends on what exactly occurred at the time of the accident.
How Do I Obtain Footage for My Case?
Most security footage belongs to the property or business owner where the incident occurred or whose cameras captured the video. You typically cannot obtain the footage without a legal request or court order. It is also important to note that many surveillance systems do not store recordings after a set period of time. Depending on the system and business, this could be only a few short days or up to several months. After this time has passed, however, it may be impossible to recover the footage.
Your attorney can help you identify cameras that may have captured the accident and request access. Depending on whether the camera was on public or private property, you may also need to submit a formal preservation notice or subpoena to secure the footage, especially if the property or business owner does not want to comply. These requests ensure that valuable evidence is not lost or destroyed.
Personal injury law can be complex, so if you need assistance obtaining surveillance footage, do not hesitate to secure the help of an attorney at Mitchell J. Schroeder, P.C. today.
