Can You Request Security Footage for a Slip and Fall Case?

In “1984,” his novel of an authoritarian future, George Orwell made the slogan “Big Brother is watching you” a rallying cry for readers leery of being watched by nefarious forces.

Today, part of that “Big Brother” concept has come true with the proliferation of video cameras.  

These cameras are popping up at traffic lights, front doors, and public spaces like parks, malls, restaurants, and stores. Instead of fearing these cameras as overreach, we should embrace them as a potentially vital piece of evidence to help you win in a slip and fall case. 

If you’ve been injured at a store, restaurant, or public space with security cameras, you may wonder if you can request security footage for a slip and fall case. You can, and an experienced premises liability attorney can make that request on your behalf.  

Learn more about the impact that evidence can potentially have on your case if you fell and suffered injuries on someone else’s premises in Charleston, WV. 

What Video Surveillance Reveals  

According to the National Safety Council, of the 24,458,860 nonfatal injuries in 2022, 35% were falls. Most of those falls could be considered preventable were it not for the negligence on the part of the property manager.

These types of falls can occur in the following conditions:  

• Wet floors 

• Defective flooring 

• Ice sidewalks 

• Broke stairs 

• Uneven surfaces 

• Obstructed walkways or aisles 

• Poor lighting 

The security footage from the premises can show the conditions present at the time of the accident. Additionally, it can connect the fall to your injuries. For instance, if you slip on a wet floor and break your arm, the video will show that.  

The Need To Prove How the Slip and Fall Occurred 

Just because the video you or your attorney obtains shows the fall and conditions of the area, it does not automatically mean you have a case against the owner or their staff. To make your case, you need to prove one or more of the following elements:   

Ignoring the Hazard 

Did the owner or their employees know about the hazard but didn’t correct it?

For instance, suppose a bottle of oil breaks in a grocery store aisle. The staff is alerted, and the announcement goes out over the PA system: “Clean up on aisle 5!” Yet, the spill remains for several minutes, and you slip and fall because of it.

The security footage can reveal the time of the spill and how long it took to respond.  

Lack of Anticipation of the Hazard 

Should the owner have known about the potentially hazardous condition as any reasonable person would have? Obviously, a business’s manager or staff can’t anticipate every possible dangerous condition and take steps to mitigate it. However, there are certain conditions that they should know about.  

For instance, when it snows, they know the sidewalks will be slippery with ice and should take preventive measures for deicing. It is the same when it rains. That is when rubber mats should go down at the entrances to prevent water from being tracked in the store.  

Intentional Harm 

Did the owner or employee intentionally create a dangerous situation? For instance, if work is being done in a story, there could be electrical cords or other tripping hazards. The staff should block off access to those areas.

Additionally, certain types of properly secured displays could fall onto patrons.

Again, the security footage would show all of this play out.  

Other Evidence That Helps You Build a Strong Charleston Slip and Fall Case 

While the security footage can be crucial evidence in your slip and fall case, it is not the only evidence you should gather. You’ll also want to obtain the following:  

• Incident reports: This is the report created on the day of the accident. It will be filled out by the property owner or the supervising staff and should include the accident’s location, time, date, and details.  

• Photographs: If you’re able to take photos immediately after the accident, you should. Those photos can supplement the video footage of the area. You can also take photos of your injuries as you go through recovery.  

• Witness statements: If anyone witnessed the fall, you should get their contact information or have them make a video testimony before you leave the premises.  

You’ll also want to gather all your medical bills and proof of lost wages that can be attributed to your injuries. Keep in mind that according to West Virginia code, you only have two years to file a personal injury lawsuit. That time starts on the day of the incident.  

Getting Help With Your Kanawha County Slip and Fall Case 

The first person you need to speak to after your slip and fall accident is your doctor. The next call to make is to Hendrickson & Long, PLLC. We are a team of dedicated attorneys who have extensive experience building slip-and-fall cases that lead to successful outcomes.  

We can help gather the evidence, including the security footage. If the defendant willingly resists turning over security footage after you request it, it could indicate they are hiding something.

We can help find out what is going on.