The Role of Surveillance Footage in Benton Slip and Fall Cases

Nowadays, it’s not uncommon to see a camera at practically every commercial property location. It seems that even most residential properties have a Ring or another camera right outside the front door. In fact, about 41 million households across the nation have a security system installed, with video security systems being the most common, according to one source.

Although the main objective of surveillance cameras is to protect the property and its visitors, some people may feel uncomfortable with the thought of constantly being watched. However, if you happen to suffer injuries due to a slip-and-fall accident on someone else’s property, surveillance camera footage may have a direct impact on the outcome of your personal injury claim.

Types of Video Footage That May Be Used in a Slip and Fall Case

An unsuspecting victim may experience a slip-and-fall accident at any time and place. Witnesses to the slip-and-fall accident can testify as to what they saw from different angles. However, a surveillance camera will show, in an unbiased way, exactly how the accident happened. 

The following list highlights some of the various types of video footage that can be obtained for use in a personal injury case:

• Closed-circuit television (CCTV): One common type of video surveillance system is CCTV, which covers multiple areas of a premises. If the slip-and-fall occurred on a commercial property, such as a shopping mall, grocery store, restaurant, or parking lot, CCTV footage can show exactly what happened. 
• Private residence cameras: While an apartment complex may use CCTV, most private homes typically have doorbell-type cameras, such as Ring, Arlo, Nest, or other brands. Home security footage can be used if the slip-and-fall occurred outside of a residential home, such as a pedestrian walking by who slips and falls.
• Traffic cameras: In some cases, a victim may suffer a slip-and-fall while simply walking on the sidewalk. This could be due to cracks in the pavement or an uneven surface. In such cases, traffic cameras or other government-owned camera footage can be used to view the accident.
• Cell phones: Practically everyone today carries a cell phone and is quick to use it to record incidents that occur in his or her life. As such, it would be possible that witnesses to the slip-and-fall incident may record footage in the immediate aftermath.

While this list is not comprehensive, it does highlight that surveillance footage showing the slip-and-fall accident can come from various sources. An experienced slip and fall attorney in Benton can tell you what sources can be pursued to obtain video surveillance for a personal injury lawsuit.

How Video Footage Can Help Your Personal Injury Case

Surveillance camera footage can be a vital piece of evidence in personal injury cases. It can actually affect the outcome of your entire case. Not only is surveillance camera footage typically a reliable piece of evidence, but it’s also unbiased. Video footage would show what happened before, during, and after the slip-and-fall accident. 

Some of the ways that surveillance camera footage can help a personal injury case include the following:

• Prove negligence: Video footage can show whether a hazard existed that contributed to the slip-and-fall accident. For example, if the slip-and-fall accident occurred due to poor lighting, a wet floor, a missing handrail, or uncleared ice or snow, this could be visible on the video. Also, such footage can indicate whether the property owner knew of the hazard and failed to warn of or attend to it in a timely manner.
• Collaborate testimony: Quite often, you will find that the other party tries to deny responsibility for the accident. He or she may attempt to shift the blame by claiming the slip-and-fall occurred due to the victim’s own negligent actions. Surveillance camera footage, though, can unbiasedly show the facts, revealing such claims as false while strengthening the credibility of the victim.
• Reveal potentially liable third parties: In some cases, video footage may reveal a potentially liable third party. For example, while it’s true that in most slip and fall cases, the property owner could be held liable if he or she contracted work to be done on the premises, and the contracted company’s employees were negligent, such as leaving tools in a walkway, then the company would be held responsible, not the property owner.
• Show the severity of damages: Surveillance camera videos can add to the testimony of the accident victim regarding the severity of the injuries that he or she suffered. The footage can indicate the impact of the fall, the immediate pain and distress felt by the victim, and whether he or she needed assistance getting up. Such evidence can be vital in cases where a property owner tries to minimize the severity of the fall and injuries.

These are just some of the ways that surveillance camera footage can greatly strengthen a slip and fall claim. The at-fault party or his or her insurance company takes personal injury claims more seriously when the victim has video footage of what occurred. 

Further, such vital evidence as video footage can greatly increase the chances of your Arkansas slip and fall attorney successfully negotiating fair compensation for fall injuries sustained. 

How to Obtain Surveillance Camera Footage

While it is true that surveillance camera footage can be an extremely vital piece of evidence in establishing the facts and determining liability, obtaining such footage can be a complicated process. First, a property owner will most likely be unwilling to offer crucial evidence that could hold him or her liable for damages. Added to this is the urgency of obtaining the footage due to the high risk of it being overwritten or deleted.

In addition to the reasons already mentioned, there are legal procedures that must be followed. Arkansas has enacted strict privacy laws in addition to federal laws. If video footage is obtained outside of the boundaries of these established laws, it would be considered inadmissible. 

Even when video surveillance is obtained legally, it needs to be proven that the video is authentic and has not been tampered with for it to be accepted in court. There are specific steps that should be taken in order to successfully obtain surveillance camera footage in the aftermath of a slip-and-fall accident. 

These steps are:

• Look for potential sources: One of the first things to do, if you are able, in the aftermath of a slip-and-fall accident, is to glance around the accident scene and see if any cameras are present.
• Don’t delay: In order to avoid the possibility of losing valuable footage due to being overwritten, act quickly to obtain a copy.
• Ask for a copy: Submit a formal request for a copy of the video footage from the owner or manager of the property.
• Hire an attorney: It’s highly likely that your request for a copy of the surveillance camera footage showing the slip-and-fall accident will be denied. An experienced personal injury attorney would know how to go about obtaining the footage.

As clearly seen, obtaining video footage is not as simple as it might initially appear. In addition to not procrastinating, you would need to follow established laws in order for the evidence to be accepted by a court.

This is why it is extremely important to have an experienced slip and fall attorney in your corner. Your Benton personal injury attorney would know how to identify potential sources of video footage and act quickly in navigating the legal process to obtain such footage as evidence.

Do Not Delay in Speaking With Our Personal Injury Lawyers

If you or your loved one has recently suffered injuries from a slip-and-fall accident, contact our personal injury lawyers right now. Remember, surveillance camera footage can greatly improve the outcome of your claim, but time to obtain it runs out fast. You need the assistance of an experienced slip and fall lawyer right away.

Even if you are not feeling a lot of physical pain from the fall at this time, seek medical care from a medical professional anyway and speak with an attorney – to protect your rights. In some cases, serious and life-changing injuries from a slip-and-fall accident may not become manifest until months or years later. By then, it might be too late to initiate a personal injury lawsuit.

It only makes sense that the property owner who negligently caused you to be injured should pay financial compensation for your medical expenses, lost wages, and emotional pain. Your recovery could be maximized – and come faster – if you can obtain surveillance camera footage of the accident. 

Choosing the right law firm will have a direct impact on the results of your case, so let the Arkansas slip and fall lawyers with Minton Law Firm put their years of experience to work for you. Our personal injury lawyers have successfully won millions in damages for our clients. Call us at 501-222-HURT or fill out our online contact form to schedule a free consultation regarding your claim.