Good evidence is the cornerstone of any successful personal injury claim. The strongest types of evidence are clear and objective.
Slip and fall cases are no exception. Defendants will almost certainly deny liability and may even say the slip and fall was your fault.
Video footage that captures a slip and fall can be invaluable to your case. In today’s post, we will discuss the role of surveillance footage in a successful slip and fall lawsuit.
Types of video evidence
Video footage can come from a few different sources, depending on where the slip and fall takes place. For example, you may be able to obtain video footage from:
Private surveillance cameras or CCTV cameras if the slip and fall happened in or around a commercial establishment such as a retail store, restaurant, hotel, or parking lot
Government-owned traffic cameras or surveillance cameras installed in public areas
Dash cam footage (e.g., if you slipped and fell on an icy sidewalk or while crossing a poorly maintained street and a nearby driver catches it on their dashboard camera)
Home security cameras installed at private residences (e.g., Ring security cameras, Google Nest security cameras)
If you have been injured in a slip and fall accident, it’s a good idea to contact a slip and fall lawyer as soon as possible. We can identify potential sources of video footage and take immediate action to obtain and preserve that valuable evidence before it is lost or destroyed.
Benefits of surveillance footage
A video recording that captures a slip and fall is extremely helpful in a number of ways. First, video footage is reliable and objective. It doesn’t have biases. And if properly preserved, video footage will not “fade” over time like a witness’s memory. The importance of that can’t be overstated; personal injury lawsuits can take months, if not years, to resolve.
Second, camera footage will lend credibility to your version of events. If the defendant denies responsibility for the slip and fall, points the finger at another person as the wrongdoer, or alleges that you were at fault for the slip and fall (known as “contributory negligence”), you can rely on the video footage to counter their defences. For example, surveillance camera footage can show:
poor lighting (or no lighting)
broken stairs, missing railings, or other hazards
uncleared snow or ice
spills, debris, wet floors, and other hazards
that you were wearing proper footwear and walking with your head up, not distracted, not engaged in any sort of reckless behaviour, etc.
the length of time the hazard was present (e.g., footage showing the property was not maintained or left in a state of disrepair for an unreasonable period of time)
Remember that as the personal injury claimant, you must prove that the person who owns or occupies the property breached the duty to take care in all the circumstances to ensure that you were reasonably safe while on the premises. If you don’t meet that burden, your claim will not succeed. Video footage will go a long way to establishing liability and dispelling allegations that you were contributorily negligent.
What if there is no surveillance footage?
Don’t despair! While video footage offers many benefits, slip and fall claims can certainly be won without it. An experienced slip and fall lawyer at our firm can review your case and help gather other types of evidence to support your claim. Possible sources of evidence include eyewitness statements, police or ambulance reports, maintenance records, and medical reports.
With the right evidence in hand, your lawyer can then use their knowledge of the law and similar cases to put forward a strong claim on your behalf. Your lawyer will also draw upon their knowledge of the law and use the evidence to anticipate and push back against defences that the property owner may raise against your claim.
Get Trusted Advice From A Slip And Fall Lawyer in Barrie
Barrie law firm Littlejohn Barristers is a team of dedicated, talented, and passionate professionals who focus solely on personal injury litigation. Our personal injury lawyers have years of experience representing clients who have been injured in slip and falls.
A slip and fall lawyer from our firm can help you navigate the notice requirements and claims process, and we will deal with the insurance companies so you can focus on recovering from your injuries.
If you have suffered a slip and fall in Barrie or the surrounding areas, please contact our office at 705-725-7355 to schedule your free initial consultation. We serve clients in Collingwood, Orillia, Midland and Barrie.