Surveillance footage can be one of the most important and influential forms of evidence in a slip and fall case in Bergen County, or anywhere in New Jersey for that matter, as it can provide an objective, real-time account of how an accident occurs. Having footage can help establish liability, confirm negligence, and strengthen credibility for insurance claims or lawsuits. Understanding how surveillance footage evidence works and the limitations it can pose can have a considerable impact on your ability to recover compensation for the damages you have suffered. 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 occurred, 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 in 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.
Surveillance footage can establish negligence if it shows that a property owner knew or should have known about a dangerous condition and failed to correct it within a reasonable time frame.
Key Ways Surveillance Footage Helps Your Case
- Provides objective, timestamped evidence of exactly how the incident occurred
- Can help determine liability and comparative negligence in accordance with New Jersey personal injury law
- Confirms if the hazardous condition, such as a wet floor or uneven sidewalk, existed
- Demonstrates whether the property owner knew or should have known about the hazard and failed to act
- Strengthens credibility
- Can influence settlement negotiations before trial
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 Bergen County 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.
What Must Be Proven in a New Jersey Slip and Fall Case
- The property owner owed a duty of care to ensure their property was safe
- The dangerous condition existed on their property
- The owner knew or reasonably should have known about the hazard
- The owner failed to take reasonable steps to warn or fix the hazard
- The hazard directly resulted in injuries
- The injuries caused financial damages
What Other Evidence Is Needed in a New Jersey Slip and Fall Case?
If you have suffered a slip and fall in Glen Rock, Paramus, Hackensack, or any other Bergen County community, surveillance footage is undoubtedly some of the most powerful evidence you can gather to support your claim. However, it is most effective when combined with additional supporting evidence. Generally, the more well-documented your claim is, the better chance you have at proving negligence and recovering the compensation you deserve.
Essential Evidence to Strengthen Your NJ Injury Claim
- Photographs of the accident scene showing the hazardous conditions
- Incident or accident reports documenting when and where the slip and fall happened
- Witness statements that corroborate your version of events
- Medical records that link the injury directly to the fall
- Maintenance and inspection logs showing that the property owner knew of and failed to remedy the unsafe conditions
- Expert testimony supporting your injuries and long-term impacts
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. This is especially important for slip and fall claims in New Jersey, where clear and convincing evidence is required to establish liability.
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.
Common Limitations of Surveillance
- Poor video quality (grainy, low resolution, poor lighting)
- Limited camera angles that can miss key events during the incident
- Footage may be overwritten or deleted if not promptly obtained
- May lack important context before or after the accident
- May not show warning signs regarding the hazard or prior knowledge of the dangerous conditions
How to Preserve Surveillance Footage After a Bergen County Slip and Fall
Taking prompt action is critical following a slip and fall, as many homeowners and businesses automatically delete or overwrite surveillance footage within days or weeks. As such, working with an experienced Bergen County attorney is critical to help you recover footage to assist in your claim.
Steps to Protect Critical Video Evidence
- Request footage immediately from the business, property owner, or surrounding homes and businesses that may have captured the incident on a security or doorbell camera
- Send a formal preservation letter to prevent the deletion or destruction of the footage
- Document the exact date, time, and location of the incident
- Work with an attorney who can assist in legal discovery requests
- If obtained, create additional copies of the footage as backup
Contact an Experienced Glen Rock Premises Liability Attorney
If you are the victim of a slip and fall in Bergen County or the surrounding communities, it can have a serious impact on your life. That is why working with an attorney with Feitlin, Youngman, Karas & Gerson, LLC is in your best interest. Our team will examine all aspects of your case to help you fight for the best possible outcome. Contact us today to learn how we can represent you during these difficult times.
