Proving your right to compensation after a slip and fall accident is often more complicated than you might believe. Surveillance camera video can be a vital piece of evidence that can help you prove the business or property owner’s irresponsibility caused your injuries. However, you need to act quickly before the data is lost or destroyed.
How Surveillance Videos Can Help You Prove Your Slip and Fall Claim
When you file a claim for compensation with an insurance company, you need to show the existence of a dangerous condition caused your fall. You must also prove the owner knew about or had a reasonable knowledge of hazardous situations and took no action to post warning signs
or rectify the problem.
Many businesses and other property owners use surveillance cameras for security reasons. Here are ways these recordings can help you win a slip and fall case:
- It may have recorded your accident as it happened and revealed how a dangerous condition caused your fall.
- It may help prove that the hazard—such as spilled liquid, debris in a store aisle, or frayed carpeting—existed before your fall and that the business or property owner had sufficient time to repair, clean up, or remove it.
- It may show how the owner failed to post any warning signs to alert you to the danger.
How Long Is Surveillance Video Kept?
There's no law as to how long a business or property owner must retain its video footage. Most security cameras are digital, and recording runs on a loop. This means new footage will record over earlier recorded data at some point. Depending on how much storage the camera contains, surveillance video can be recorded over within a few days, a week, or a month.
How to Obtain Security Video Footage
Unfortunately, the negligent party or their insurance company most likely will not voluntarily provide video footage if you request it. You'll need legal assistance as soon as possible before the footage is taped over or destroyed. Here are a few ways a knowledgeable attorney can get it for you:
Send A Spoliation Letter
Your attorney can quickly send a spoliation letter to all potentially liable parties advising them of your claim and demanding a copy of the footage. Once they receive this letter, they should preserve the footage.
File A Lawsuit
If anyone refuses to turn over the surveillance video, your lawyer can file a lawsuit and ask the court to order them to provide a copy.
Were You Injured In a Kansas City Metro Slip and Fall Accident?