While all evidence is important, surveillance footage can play a significant role in a slip and fall case. These videos can act as hard evidence of how an accident happened and who is at fault. Reach out to a Bergen County slip & fall lawyer to learn more about how surveillance footage can benefit your case.
What is the Role of Surveillance Footage in a Slip and Fall Case?
Surveillance footage is one of the most compelling pieces of evidence that can be used in a slip and fall case. Because the insurance company or jury was not present when the accident occured, it can be difficult to determine which side’s account of the event is most accurate.
Surveillance footage offers a completely objective view of the accident. Eyewitness testimony can be unreliable, even from those with the best intentions. Humans create biases unknowingly that can extend into testimony and retellings of a story.
A video can establish the cause of the accident, whether or not the property owner took reasonable steps to prevent an accident, if the victim shared any negligence, and more.
Another significant benefit that surveillance footage can offer a slip and fall case is credibility. If the plaintiff takes the stand to tell their version of events and the video shows the same information that they described, it will help boost their credibility and cause a jury to sympathize with their situation. The same can be said for the defendant.
Can Surveillance Footage Establish Negligence?
In a slip and fall case, the most important thing is establishing negligence. For a victim to win their case they must prove that the property owner neglected their duty to provide visitors with a reasonably safe environment free from hazards.
Surveillance footage can offer irrefutable evidence that the owner was or was not negligent. Maybe the video shows the manager of a store spilling their drink and ignoring it, leaving the spill for 30 minutes. If the victim slips and falls in the puddle, the manager could be found negligent because they had knowledge of the hazard and did not take reasonable steps to solve the problem.
However, consider if the ceiling of a store was leaking. The surveillance footage shows the manager finding the leak, placing a bucket underneath, and sectioning off the area with caution tape and wet floor signs. If the victim goes into the area anyway and ignores the signs, they are the ones being negligent or reckless.
Are There Problems With Surveillance Footage?
No evidence is perfect or without limitations. Surveillance footage, while beneficial in many ways, could prove a lackluster piece of evidence depending on various factors. The accident could have happened in an area with limited camera coverage, meaning that you can only see certain parts or at odd angles. This can reduce visibility and offer an unclear picture of the events.
Surveillance cameras are often low quality. Depending on the lighting and camera used, the video may be grainy and unable to provide useful information. Reach out to a skilled lawyer today to learn whether or not surveillance cameras can be used in your slip and fall case.
