Surveillance footage offers an unbiased record of the slip-and-fall incident. Without clear evidence of slips and falls, it is harder for the victims to file a claim for worker's compensation or a personal injury lawsuit.
Slips and falls are the primary cause of workers' compensation claims and the leading cause of occupational injuries for individuals aged 55 years and older. These incidents can result in serious physical, emotional, and financial consequences for the victims.
This is why if the footage is available and can be retrieved, it will be easier for the victim to obtain compensation, ensuring the liable person is accountable for their economic and non-economic damages.
Questions about Surveillance Footage For Your Slip and Fall Case?
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1. Helps Prove Who Was at Fault
Surveillance footage can be used as real evidence as long as it is relevant to the proceeding, is what it purports to be, and has not been tampered with.
This means that the footage can prove fault as long as:
- It clearly shows the parties involved,
- The place where a slip and fall occurred,
- The video has not been tampered with.
The surveillance footage must be authenticated as such:
| 1. The testimony of a witness to the recorded events, or an operator or installer or maintainer of the equipment that the video accurately represents the subject matter depicted; |
| 2. The testimony, expert or otherwise, that a video truly and accurately represents what was before the camera; |
| 3. The testimony of a witness and other evidence demonstrates that the video accurately represents the subject matter depicted. |
Gathering testimonies from experts and witnesses can be challenging, but it is essential for building a strong personal injury case. Our experienced personal injury lawyers understand the complexities of this process and can help you with it efficiently and effectively.
2. Showcases Unsafe Environments
Property owners must follow the "premises liability" rule. This means they must maintain a safe environment so that people who come onto their property are not injured.
In this case, surveillance footage may depict how hazardous the place where a slip-and-fall accident occurred was. This will hold the property owner accountable if they demonstrate negligence. Examples of negligence could involve:
- Failing to repair known hazards
- Inadequate security measures
- Failing to warn visitors of potential dangers
Injured parties who sustain damages from inadequate security may file premises liability claims. They may also be able to recover medical bills from the property owner or their insurance policy.
3. Provides Insight Into the Extent of Injuries
The visual evidence provided by surveillance footage can verify medical reports and testimony. For example, if the footage shows the plaintiff striking their head during the fall, it can support medical evidence of head trauma or traumatic brain injury.
In New York, plaintiffs must demonstrate that their injuries meet the "serious injury" threshold. This is defined by New York Insurance Law § 5102(d) to recover damages for non-economic losses such as pain and suffering.
This threshold is also important for determining the extent of worker's compensation benefits that an injured employee may be entitled to receive under the New York Workers' Compensation Law Article 2, § 10.
As such, the employer must secure compensation for his employees. They also need to pay or provide compensation for the victim’s disability or death resulting from injury sustained out of and during the employment, without regard to fault as a cause of the injury.
To ensure you can effectively utilize surveillance footage as evidence for your insurance claims, our experienced personal injury lawyers are here to guide you through the process and build a strong case on your behalf.
4. Motivates Out-Of-Court Resolutions
In slip-and-fall cases in New York, surveillance footage can influence the likelihood of reaching an out-of-court settlement. This is due to contributory negligence or assumption of risk under CPLR Article 14. It allows damages to be apportioned based on the percentage of fault attributed to each party.
New York follows pure comparative negligence for slip-and-fall accidents. This means that the plaintiff can claim damages for the 1% they are not at fault even when they are 99% at fault.
| For example, if a plaintiff is found to be 20% at fault for a slip-and-fall accident and the total damages are assessed at $100,000, the plaintiff would be entitled to recover $80,000 from the defendant. |
This puts pressure on the defendant to settle the case outside of court, as they may end up having to pay a substantial amount based on the court's decision if found guilty of negligence.
If you have security camera evidence related to your slip-and-fall accident, we strongly recommend contacting our specialized slip-and-fall accident lawyers. They can help you understand how to utilize this evidence best to build a strong case and pursue the compensation you are entitled to.
How Surveillance Footage is Legally Obtained in New York
Here are the steps and considerations for legally obtaining footage evidence in New York:
- The plaintiff must identify the footage they need and who owns it.
- They can ask for the footage from the private party. If they refuse, the plaintiff may need a court subpoena to obtain it. For government-owned footage, they can request it through the Freedom of Information Law (FOIL).
- Consult with an attorney familiar with New York evidence laws to ensure any footage is obtained correctly so it will be admissible in court.
Remember to obtain the surveillance footage through official legal channels, thoroughly document the process, and ensure its integrity and security. At the Porter Law Group, we can assist you in obtaining the necessary evidence to improve the chances of the footage being admissible in a legal proceeding in New York.
Get Legal Help After a Slip and Fall Accident
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Speak to a Slip and Fall Accident Lawyer Today
At the Porter Law Group, our team of proven personal injury lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances.
We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one is a personal injury victim, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
