Surveillance footage can be crucial in slip and fall cases, but it’s important to understand the nature of commercial video systems and act quickly to preserve evidence. Here’s why:
Commercial Surveillance Systems
Many businesses open to the public maintain surveillance systems that continuously record activities on their premises. However, these systems have important limitations, such as:
- Video footage is often recorded on a loop, with new footage overwriting old data after a certain period
- The retention period can vary widely, from as little as 24 hours to several weeks, depending on the system and business policies
- Once overwritten, this valuable evidence is permanently lost
Importance of Prompt Action
Given the temporary nature of surveillance footage, taking immediate steps after a slip and fall incident is critical. You should:
- Document the Scene: Use your smartphone or ask someone nearby to record video and take photos of the hazardous conditions immediately after your fall. This captures crucial details that may be cleaned up or altered before an official investigation begins.
- Request Footage Preservation: Contact the establishment in writing within days of your injury, requesting that they preserve all surveillance video covering at least one hour before and after your incident. This timeframe can reveal:
- How long the hazard existed
- Whether staff were or should have been aware of the danger
- The immediate response to your accident
Key Point: Send your request via certified mail to create a paper trail and demonstrate the urgency of your request.
Combining Evidence Sources
Using both your personal documentation and the establishment’s surveillance footage provides a comprehensive view of the incident in that:
- Your footage offers immediate, detailed evidence of the hazard
- Surveillance video, if preserved, provides an objective, third-party perspective
- Together, they create a stronger case by corroborating your account from multiple angles
Legal Implications
Taking these steps can significantly strengthen your legal position because:
- It demonstrates your proactive approach to preserving evidence
- It can prevent claims that you contributed to your own injury
- It makes it harder for the property owner to dispute the conditions that led to your fall
Remember, the window for securing surveillance footage is often short. Prompt action in documenting the scene yourself and requesting the preservation of surveillance video can make a critical difference in the strength of your potential case. Always consult with a personal injury attorney as soon as possible to ensure all necessary steps are taken to protect your rights and build a solid claim. If you have further questions or would like to speak with a lawyer about your case, please don’t hesitate to contact Casper & de Toledo for a free consultation today.
