Understanding the Role of Video Evidence in Premises Liability Cases
When an individual is injured on someone else’s property due to unsafe conditions, they may have the right to pursue compensation through a premises liability claim. These claims often hinge on proving that the property owner or manager was negligent in maintaining a safe environment. While witness testimony and accident reports can support a case, video evidence can be one of the most persuasive forms of proof.
Surveillance footage, security camera recordings, and even videos captured on smartphones can provide undeniable documentation of the conditions that led to an injury. This type of evidence can clarify disputes over liability and strengthen a claim for compensation. However, obtaining and preserving video footage can be challenging, as property owners may be reluctant to release it, or the footage may be erased if not requested in time. Understanding how video evidence plays a role in premises liability claims can help you take the right steps after an injury.
Always consult a trusted premises liability lawyer about your case. A firm like Brandon J. Broderick, Attorney at Law can help you make informed decisions about your claim.
Why Video Evidence Matters in Premises Liability Claims
Establishing the Dangerous Condition
To succeed in a premises liability case, the injured party must prove that an unsafe condition existed on the property. Video footage can visually capture hazards such as:
- Wet or slippery floors
- Broken stairs or handrails
- Uneven sidewalks
- Poor lighting in stairwells or parking lots
- Falling merchandise in retail stores
Proving Negligence and Liability
Simply showing that a dangerous condition existed is not enough; the injured party must also prove that the property owner knew or should have known about the hazard and failed to address it. Video footage can demonstrate:
- How long the hazard existed before the accident
- Whether employees or management were aware of the condition
- Any attempts (or lack thereof) to fix the hazard before the incident
- The property owner’s failure to warn visitors of potential dangers
Countering Claims of Shared Fault
Property owners and insurance companies often argue that the injured party was partially responsible for their own accident. They may claim that the victim was distracted, ignored warning signs, or was in an unauthorized area. Video footage can refute these claims by providing an objective account of what happened, showing that the victim acted reasonably under the circumstances.
Sources of Video Evidence
Security and Surveillance Cameras
Many businesses and residential complexes use security cameras to monitor their premises. These cameras are often positioned in high-traffic areas such as:
- Store aisles and entrances
- Parking lots
- Apartment complexes
- Office buildings
Dashcam and Traffic Camera Footage
If an accident occurs near a street or parking lot, nearby traffic cameras or dash cams from passing vehicles may capture the event. This type of footage can provide additional perspectives on what happened.
Smartphone Recordings
Bystanders or even the victim may record videos immediately before or after an accident. These recordings can document:
- The hazardous condition at the time of the accident
- The property owner’s reaction
- Statements made by witnesses
Body Cameras
Some businesses, such as casinos or security firms, require employees to wear body cameras. If a security officer or employee witnessed the incident, their footage could be valuable evidence.
How to Obtain Video Evidence
Requesting Surveillance Footage
Property owners are not legally required to provide surveillance footage unless compelled by law. If you believe video evidence exists, act quickly. Many businesses have policies that delete footage after a certain period, often within days or weeks. To request the footage:
- Ask the property owner or manager for a copy as soon as possible.
- Send a formal written request, including details of the date, time, and location of the accident.
- Consult an attorney who can issue a legal preservation request or subpoena to prevent deletion.
Preserving Your Own Video Evidence
If you or a witness recorded video at the scene, ensure that it is safely stored. Make multiple copies and back them up to prevent accidental loss.
Legal Considerations for Video Evidence
Admissibility in Court
For video evidence to be admissible in a premises liability case, it must meet legal requirements, including:
- Authenticity: The footage must be verified as real and unaltered.
- Relevance: The video must directly relate to the accident and hazardous condition.
- Chain of Custody: It must be proven that the footage has not been tampered with or edited.
Privacy Laws and Video Footage
While video footage from public places is generally allowed as evidence, private property surveillance is subject to legal considerations. Some businesses may claim privacy rights over their footage, and laws vary by state. An experienced premises liability attorney can navigate these legal nuances to obtain and use video evidence effectively.
Call Brandon J. Broderick for Legal Help
If you have been injured on someone else’s property, securing video evidence can be a major factor in your premises liability claim. However, obtaining and using this footage effectively requires legal knowledge and experience. At Brandon J. Broderick, Attorney at Law, we understand the challenges of premises liability cases and work tirelessly to secure the evidence needed to support your claim.
Our team can help you:
- Identify potential sources of video evidence
- Submit legal requests to preserve and obtain footage
- Build a compelling case to maximize your compensation
Don’t let valuable evidence slip away. Contact us today for a free consultation.