Slip and fall cases can be difficult to prove. Oftentimes it is one person’s word against another. Or the property owner may argue that the individual staged it. Although there are different types of evidence that can help build a strong case, video evidence depicting the accident may offer the best proof.
Using Video Surveillance as Evidence in a Slip and Fall Case
It’s important to note that video footage can, not only, show the incident, but it can also support claims surrounding the type of injuries sustained. Let’s say a slip on wet flooring caused someone to fall backward and strike his or her head. It would be easier to prove a concussion when the video shows the individual’s head making contact with the ground.
Video surveillance may show a substance on the floor that caused someone to slip. Or it could show someone leaning over a railing on the second floor of a mall as it suddenly gives way. In some cases there may be enough coverage that it can also prove someone slipped on newly waxed floors but there were no warning signs or barricades in the area.
Most businesses have cameras installed as a way to prevent crime. These are often found indoors but could also be mounted outdoors, such as in a parking lot or at the entrance to a building.
For example, bowling alley owners try to fight slip and fall accidents that occur outside their establishments by using videos to prove that patrons wore their bowling shoes outside, something that the owners post signs advising against doing.
Although there may be plenty of opportunities to catch a slip and fall on video, injured victims should understand that obtaining the footage might be difficult. Hiring legal representation may help, though.
Other Types of Evidence Helpful in a Slip and Fall Case
Although slip and fall video evidence may depict exactly what happened, it’s important to secure other types of evidence, too. As mentioned, sometimes the footage will cover a wide area but that isn’t always the case. This is where digital photographs might help.
Using the example of a just-waxed floor, the camera angle may only show the person falling. The owner might argue that it was the individual’s fault for not reading the sign that indicated the floor was wet. Yet a picture of the surrounding area could show that no such sign existed.
Statements from others who witnessed what happened could also be beneficial. This could help back up the injured person’s side of the story. But it may even be necessary to obtain testimony from employees. For instance, they might support evidence that an owner knew of a dangerous condition and yet failed to fix it.
Proving a Property Owner’s Liability in a Slip and Fall Case
As already mentioned, owners aware of a hazardous condition but who do not correct it could be considered negligent. Another way of establishing liability is proving that the owner should have known about the dangerous condition.
One issue that can impact liability is whether the owner had enough time to correct the hazard. This means that injured slip and fall victims would need to determine how much time actually passed between notification of the problem and when the person was injured.
Contact an attorney at Gacovino, Lake & Associates to learn more about the types of evidence that could help substantiate a slip and fall claim. We can help obtain the proof necessary to show a property owner’s fault, like slip and fall video evidence. Call to set up a consultation with an attorney to discuss the details of your case: 800-246-4878.
