How Surveillance Footage Can Help Win Your New Haven Slip and Fall Accident.

In a New Haven slip and fall accident, proving negligence can be a difficult task. The burden is on the injured person to show that the property owner knew or should have known about a dangerous condition and failed to fix it or provide a warning. This often comes down to conflicting accounts and circumstantial evidence, making it a “he said, she said” situation. However, in today’s world, a powerful tool often exists that can cut through the ambiguity: surveillance footage. A video recording of a slip and fall incident can serve as the most compelling and definitive piece of evidence, often making the difference between a denied claim and a successful one.

Surveillance footage provides an objective, real-time record of the events leading up to and during the fall. It can show exactly what happened, eliminating the need for relying solely on eyewitness testimony, which can sometimes be unreliable or biased. The video can prove a variety of crucial elements that are necessary to a successful claim. For example, it can clearly show the dangerous condition, such as a spill on the floor or a broken piece of flooring, that caused the fall. It can also establish how long that hazard was present, which is a key factor in proving that the property owner had “constructive notice” of the danger—meaning they should have known about it and taken action.

Beyond the hazard itself, the video footage can also prove other elements of a negligence case. It can show that you were walking in a normal manner and not engaging in any reckless behavior, which can preemptively counter any claims of contributory negligence from the property owner. It can also document the actions of the property owner’s employees or staff. For instance, if the video shows an employee walking past the spill multiple times without cleaning it up or placing a warning sign, it provides irrefutable proof of their negligence. It can also show the immediate aftermath of the fall, including any visible injuries, and the response time of staff to the incident.

The legal process for obtaining surveillance footage can be complicated, and timing is of the essence. Many businesses only keep surveillance videos for a limited period, sometimes as short as a few days or a week, before the footage is recorded over. This makes it critical to act quickly. An experienced slip and fall attorney can send a spoliation letter to the property owner, which is a legal document that demands they preserve the video evidence. They can also use legal tools, such as a subpoena, to compel the property owner to turn over the footage. Attempting to do this on your own is often difficult, as businesses may be reluctant to provide evidence that could be used against them.

While surveillance footage is an incredibly powerful tool, it’s not a silver bullet. The video may not always show the crucial moment of the fall or the specific hazard that caused it. However, even incomplete footage can be used to build a compelling case. An attorney can analyze the video in conjunction with other evidence, such as incident reports, witness statements, and medical records, to create a comprehensive picture of what happened. Ultimately, if surveillance footage of your New Haven slip and fall accident exists, securing it can be the single most important step you take to ensure you have a strong and successful claim.