Secure Surveillance Footage of Your Slip and Fall Accident to Establish Premises Liability in Your KC Injury Case
Video footage from surveillance cameras can serve as a silent witness to slip and fall injuries that occur in public spaces. Supermarkets, retail stores, and other businesses may deny responsibility, but the cameras can tell a different story. As experienced Kansas City slip and fall attorneys, we’ve seen these types of situations firsthand many times. Surveillance footage can be the critical factor in proving liability and winning the fair settlement you deserve.
How Video Evidence Can Support Your Slip and Fall Case
Just like dashcam footage and pictures after a car accident can serve as valuable evidence, so can surveillance footage of a slip and fall incident. Unlike subjective eyewitness testimony that is subject to flawed memory, video evidence provides an objective account of exactly what happened. Unbiased video footage can corroborate testimony provided by witnesses.
The visual record can conclusively show the exact moment of the accident, the conditions that led to it, and how the situation was handled immediately afterward. It can answer questions like:
- Were proper safety measures in place?
- What, if any, careless actions led to the slip and fall injury?
- Does the force of the impact align with the severity of the claimed injuries?
- Did staff come to the aid of the accident victim right away?
- Who else witnessed the incident?
- Was the victim able to get up by themselves after their fall?
Surveillance footage offers a clear, unaltered view of the events and relevant hazards, like wet floors or uneven surfaces. Video can also show if the hazard was left unaddressed for a significant period before the incident. This significantly reduces ambiguity and strengthens the credibility of your claim.
Proof of Negligence and Premises Liability
It is important to gather as much relevant evidence in injury claims as possible. Surveillance footage not only objectively displays the sequence of events but can also illuminate factors pointing toward the negligence of at-fault parties.
Say, for example, that a grocery store customer slips on a wet floor in the produce section. Security footage from the moment of the incident may show the lack of a wet floor sign in the area. Furthermore, there may be video footage from an hour prior with a staff member walking through the area. They slip into the puddle on the floor but are able to stop themselves from falling. The staff person fails to take the appropriate measures to notify management or clear the hazard.
If store management denies knowing about the hazard, this can serve as evidence of their liability. The staff person's negligent conduct caused the accident. If they “acted with a deliberate and flagrant disregard for the safety of others,” RSMo Section 510.261 allows for punitive damages, too.
Examples of Places That May Have Security Cameras
Many public places, including retail businesses and office buildings, have cameras for security purposes. They typically record video on a continuous basis, whether or not someone is monitoring the footage in real time. Possible sources of video evidence may include:
- Retail stores and shopping malls
- Traffic cameras
- Warehouses and other industrial buildings
- Parking lots and garages
- Office buildings and lobbies
- Hospitals, doctor’s offices, and other medical facilities
- Restaurants and bars
- Train stations and airports
- Gas stations and convenience stores
- Casinos and entertainment venues
- Gym and fitness centers
- Museums and art galleries
- Government buildings
Never assume that video evidence is not available for your personal injury claim. Consult with our Kansas City slip and fall attorneys, who can investigate the matter. Many businesses have security systems, including surveillance cameras with continuous recording. It is crucial to act quickly, as businesses may claim the footage is lost, destroyed, or overwritten.
How to Get and Preserve Surveillance Footage
It is unlikely that the defendant in your personal injury claim will submit evidence against them voluntarily. They and their insurance company are motivated to minimize or deny liability in the incident. To collect and preserve this video evidence, your lawyer will file a spoliation letter to the property manager. It is also sometimes called a preservation letter.
When your attorney sends them a formal letter of spoliation, the property manager is legally obligated to preserve relevant evidence, including security camera footage. They are not allowed to alter, delete, or destroy it. They are also required to provide a copy to your lawyer as part of the discovery process.
Obtaining video footage legally is important to ensure its admissibility in court. Evidence acquired in other ways may not be admitted as evidence. If there are multiple sources, your lawyer will need to submit a separate spoliation letter to each of them. If the business fails to preserve and provide video evidence, your lawyer can argue they are trying to hide something.
Common Injuries Associated With Slip and Fall Accidents
Some individuals may be more prone to slip and fall accidents than others. They may also be at greater risk of suffering more severe injuries, like a dislocated hip. Examples of common injuries in a slip and fall include the following:
- Partial or full bone fractures
- Traumatic brain injury
- Neck or spinal cord injury
- Dislocated joints
- Cuts, scrapes, and lacerations
- Facial injuries
- Chronic pain
- Soft tissue or internal injuries
Surveillance footage from the incident — along with medical reports, test results, and doctor’s notes — can substantiate claims about the severity of your injuries. Your visible signs of pain and distress may be obvious in the video. The seriousness of the impact may also be visibly apparent, supporting personal accounts describing the incident.
Trust the Experience of Our Kansas City Slip and Fall Attorneys
Foster Wallace founders Michael Foster and Brian Wallace have served the Kansas City area for years. Our firm understands the challenges that slip and fall victims face in claiming fair compensation for their injuries. We will always act with respect and compassion, meticulously scrutinizing the evidence to support your case.
“Brian and Michael were terrific in helping me in my case. They made the process extremely simple, which made the situation way less stressful,” writes past client Cecil Keyes. “They both are very responsive and do a great job at explaining tricky situations.”
The legal team at Foster Wallace has a proven track record of success in personal injury claims. We represented a client who slipped and fell at a restaurant in Liberty, Missouri. She fractured her humerus, requiring surgery and months of physical therapy. The insurance company initially offered $30,000, which we negotiated up to a $80,000 final settlement. Our client was thrilled with this outcome.
