How many stores do you frequent in Cherry Hill that have a “you’re under surveillance” sign posted at the door? That sign serves a dual purpose. It puts would-be thieves on notice that they’re being watched. That surveillance can always be an important piece of evidence supporting a premises liability claim.
A premises liability claim involves someone who has been injured on someone else’s property. These are commonly referred to as slip and fall accidents. They can be especially traumatic and cause serious injury. A property owner owes a duty of care to the visitors who come onto their premises to conduct business. These are referred to as licensees, and the duty of care means fixing any known hazard or providing warnings that a hazard is present.
If you take a fall in a grocery store, restaurant, or office building lobby, you are entitled to file a claim against the property owner’s insurance company to cover any financial losses you might suffer as a result of the accident. In most cases, the property owner won’t be a witness to what happened. That is where surveillance footage can prove to be invaluable to your claim.
In order to preserve that crucial evidence, you’ll want to retain the services of an experienced team of Cherry Hill premises liability lawyers, as you’ll find at the Folkman Law Offices. We have helped many clients prevail in these types of claims. Our first task is to secure any available security footage. From there, we’ll begin to build a solid case that clearly establishes liability. We want to ensure our clients get the maximum benefits they are allowed, and surveillance footage is a big part of achieving that goal.
Why Surveillance Evidence Matters in Premises Liability Claims
Property owners are often suspicious of any slip and fall accident, and for good reason. Several years ago, an independent contractor working in Woodbridge attempted to file a false insurance claim for a slip and fall accident. As ABC News reported at the time, the man didn’t know his actions were being captured on a surveillance camera. That footage clearly shows him dumping ice and then lying down to fake the fall.
Ironically, it is the false claims that actually can help your legitimate claim. That’s because most property owners have installed surveillance cameras to “catch” fraud, but those same cameras can support your case by establishing the following types of dangerous conditions:
- Wet or slippery floors
- Broken stairs or handrails
- Uneven sidewalks
- Poor lighting in stairwells or parking lots
- Falling merchandise in retail stores
It is important to note that property owners are not legally required to provide surveillance footage. The only exception is if they are compelled to do so by law. If you are confident that the surveillance footage of your accident is available, it is essential that you request it as soon as possible. You might face a challenge if you make that request on your own. You’ll have better luck when you’ve got the Folkman Law Offices making the official request.
What Are the Common Sources of Video Evidence?
As mentioned above, many businesses and residential apartment complexes have installed surveillance systems to monitor the property. You’re likely to find these cameras are often positioned in high-traffic areas such as:
- Store aisles
- Entrances
- Parking lots
- Apartment complexes
- Office buildings
Dashcam and traffic camera footage can provide evidence of accidents that happen on a street or at an intersection. You may also have smartphone recordings you made right after the accident. Those can document the scene along with witness statements. Although not technically surveillance footage, they would still be considered important pieces of evidence.
You might also find yourself in a business, such as a casino, where employees are required to wear body cameras. If a security officer recorded your accident, that footage can be obtained. That same body camera footage can also be used in a Cherry Hill negligent security case. If it can be established that an owner did not provide adequate security, they can be held liable for injuries from an assault that happened on their property.
Establishing Negligence and Property Owner Responsibility
In a premises liability case, it is not enough to prove that a hazardous condition existed. The injured person must also show that the property owner knew about the hazard, or they reasonably should have known about the danger and failed to take appropriate action. Not only can you access surveillance footage of the accident, but you can also access footage of the time leading up to the incident. That footage evidence can play a decisive role by objectively documenting critical details, including:
- The length of time the hazardous condition was present before your accident
- Whether employees, management, or security personnel were aware of the danger
- Any efforts made to correct the issue
- The property owner’s failure to provide warnings or barriers to protect visitors
When properly preserved, video footage can directly connect the unsafe condition to the property owner’s inaction. It can also help beat back any allegations of shared fault. If the property owner tries to shift blame onto you, the footage can establish what really happened.
Speak with a Trusted Premises Liability Attorney
If you were injured due to unsafe conditions on someone else’s property, acting quickly can make a significant difference, especially when video evidence may exist. The legal team at Folkman Law understands how to secure, analyze, and present surveillance footage to build strong premises liability claims.
To discuss your situation and learn what your options are, contact our office to schedule a consultation. We’re standing by to hear what happened.
