Updated: Feb 23
After a slip and fall accident, it is extremely complex to prove your side of the accident. Camera footage can be an important asset and help prove the property owner’s negligence that led to your injuries. However, you have to act fast, as the data usually expires or is destroyed immediately.
Once you file a claim for damages with an insurance carrier, you have to prove there was a dangerous or hazardous condition causing your fall. Also, you must show that the owner knew or should have had reasonable knowledge of dangerous conditions and took no action to post warning signs or solve the problem.
Several property owners use camera footage for security reasons. Below are ways this footage can help you win a slip and fall case:
There may be a recording of your accident as it happened and it shows how a hazardous situation caused your injury.
It may prove that the dangerous condition--i.e., debris in a store aisle, frayed carpeting, spilled liquid--existed prior to your fall and the property owner had enough time to repair or remove it.
It may prove how the property owner did not post any warning signs to warn you of danger.
How much time is camera footage kept?
No laws require a property owner to retain video footage for a specific period of time. Most camera footage is digital and runs on a loop. This causes new footage to record over earlier recorded footage at some point. Based on how much storage the camera has, camera footage is usually recorded over within a few days, a week, or a month.
How to get security camera footage?
Regrettably, the negligent party or their insurance company will not voluntarily give footage if you request it. It will require an attorney as soon as possible before the camera footage is recorded over or deleted. Below are a few ways an experienced lawyer can get camera footage for you:
1. Send A Spoliation Letter
Your attorney can immediately send a spoliation letter to all potentially liable parties explaining the claim and demanding a copy of the footage. After the spoliation letter is received, they should preserve the camera footage.
2. File A Law Suit
Should anyone refuse to hand over the camera footage, your attorney can file a lawsuit and request the court to order the camera footage.
Were you injured in an Alabama Slip and Fall Accident?
Call an experienced slip and fall accident attorney as soon as possible. Time is of the essence, as evidence tends to expire. Contact us online or call directly at (205)267-8561 to schedule your free consultation.