Strong slip-and-fall claims hinge on evidence that ties your accident to the property owner’s negligence. Video footage showing the accident can be invaluable in these cases.
A slip-and-fall lawyer in NYC can help you explore ways to acquire video footage and other evidence to build your case.
How Common Are Surveillance Cameras in NYC?
If you were injured in a slip-and-fall accident, video evidence can be extremely valuable. But you may wonder how likely it is that a camera caught your accident.
Surveillance cameras may be more common than you realize. A 2021 investigation discovered more than 15,000 surveillance cameras at intersections across NYC alone. Former NYC mayor Eric Adams estimated that more than 80,000 cameras provide real-time footage for the NYPD’s “Domain Awareness System,” and businesses and building owners have connected more than 5,500 cameras through a Connect New York initiative, giving the NYPD access to their surveillance footage.
If your accident happened outside, such as on a damaged sidewalk, one of these surveillance cameras may have caught it. If it happened in a business, such as a grocery store or bodega, the store’s security cameras may have captured the accident.
How Does Surveillance Video Support Slip-and-Fall Claims?
To have a premises liability case against a property owner, you generally need to prove all of the following under New York slip-and-fall laws:
- The owner owed you a duty of care.
- A dangerous condition was present on the premises.
- The owner either created the hazardous condition that caused your accident, or they had actual or constructive notice of it.
- The owner failed to remove or mitigate the hazard.
- The hazard caused your accident, and you suffered damages.
The more evidence you have to support each of these criteria, the stronger your case will be. Surveillance video of the accident can be valuable for several reasons:
- It can show that the hazard existed for some time. If the hazard was present for hours or days before your accident, security camera footage may confirm it. You can request logs from before your accident and confirm that the hazard was visible in those videos.
- It can dispute allegations that you made up the accident. Defendants in premises liability cases often assert that plaintiffs faked the accident by intentionally tripping and falling. Video footage can help dispute these allegations by showing that you actually slipped and fell on the hazard.
- It can tie your injuries to the hazard. Footage of the accident can show exactly how you were injured, tying your injuries to the dangerous condition.
- It can confirm that no warning signs were in place to mitigate the hazard. If the defendant claims you ignored a wet floor sign or other warning signs, video footage can confirm that such signage was not present.
Requesting Security Camera Footage After a Slip-and-Fall Accident
Obtaining the defendant’s security camera footage is not always easy. Your NYC slip-and-fall lawyer can help you seek this footage through legal processes. Act immediately to prevent the recording from being overwritten and the footage from being lost.
You may start by notifying the store manager and requesting an official incident report along with the footage. But property owners generally are not required by law to save security recordings unless they receive a formal demand or can reasonably anticipate litigation. Your attorney can send a spoliation letter instructing the business to preserve all relevant digital evidence to prevent it from being overwritten.
The property owner may also refuse to release the video footage voluntarily. Your attorney can file formal discovery requests or a subpoena to compel the business to provide the footage.
Other Types of Evidence That Can Support a Slip-and-Fall Claim
Security camera footage can help support slip-and-fall claims, but it is not always available or accessible. Not having footage of the accident does not mean you cannot build a strong case. Your slip-and-fall lawyer in NYC can help you explore other types of liability evidence to support your case, such as:
- Building logs that establish whether the property owner knew about the dangerous condition in advance
- Photos of the hazard and accident scene taken after the incident
- Witness testimony from those who saw the accident and can testify to the hazard’s role in it
- Medical records detailing your injuries and showing that they were not pre-existing
Consult an NYC Slip-and-Fall Accidents Lawyer
Knowing what evidence is important to your slip-and-fall case and successfully obtaining that evidence can feel overwhelming. An experienced NYC slip-and-fall lawyer can guide you through this process and help you protect your rights.
Contact Ross & Hill today at 646-351-6222 to request a free legal consultation.
Frequently Asked Questions
Is video surveillance admissible in court?
Video surveillance is often admissible in court when it is relevant to the case, legally acquired, and authentic. Your NYC slip-and-fall lawyer can help you manage video evidence effectively to increase the chances that it is admissible in court and successfully supports your case.
What must a plaintiff prove to succeed in a slip-and-fall lawsuit?
To succeed in a slip-and-fall lawsuit, the plaintiff must generally prove that the property owner owed them a duty of care and created, knew, or reasonably should have known about the hazard that caused the accident. They must also directly tie the hazard to their injuries and damages. Security camera footage can help prove these points, but so can other evidence, such as photos or witness testimony.
Can you sue for a slip and fall with no witnesses?
You may be able to sue for a slip-and-fall accident with no witnesses, but you will need other evidence to support your case. Witness testimony can help support your claim, but it is not essential to have a winning case.
What makes video evidence inadmissible?
Video evidence may be inadmissible if you cannot verify its origin, it is not properly authenticated, or it has been edited and no longer accurately represents the original footage. An NYC slip-and-fall lawyer can help you understand the strength of your video evidence.
