These days, video cameras are virtually everywhere. This is especially true when it comes to private property and other premises. Whether the cameras are indoors and outdoors, many buildings right here in Charleston WV are outfitted with enough cameras to catch many incidents or accidents. As such, if you were injured on a property in Charleston that was under video surveillance, you can request the surveillance tape as a fundamental piece of evidence.
After representing individuals in many successful cases, Charleston WV slip and fall attorney Charles Love understands the importance of video surveillance and the impact it can have on your case. If you were injured due to the negligence of a property owner, don’t bear the weight of the financial damages alone. Call Charleston personal injury attorney Charles Love today.
What Video Surveillance Shows in Slip and Fall Cases
Following a slip and fall injury, video footage can be a powerful piece of evidence that shows the actual incident as it occurred. Moreover, from the court’s or the insurance company’s point-of-view, the video surveillance can also support your claim regarding the type of injuries sustained.
For instance, if you slipped on a wet floor, fell backwards, and hit your head, it may be easier to prove that you sustained a concussion based on the video footage. Additionally, the video surveillance can show a substance on the floor that caused you to slip, or it could even show a premises liability, such as an individual leaning on a railing as it suddenly gives way.
Remember, to win your slip and fall case, there are certain elements that you’ll need to prove, including:
- The owner or an employee was aware of the hazardous condition but didn’t correct it.
- The owner or an employee should have known, as any reasonable person would, about the hazardous condition.
- The owner or an employee caused the dangerous condition.
If you’re injured on a premises that had video surveillance, you can request the videotape to prove your case. If the property owner refuses to give you the tape during the insurance settlement, then you may have to file a lawsuit and subpoena the tape as evidence.
What Video Surveillance Doesn’t Show in a Slip and Fall Case
Video surveillance of a slip and fall injury can be critical in a lawsuit or insurance negotiation, but it also has its limits as well. For instance, the point-of-view of the camera may show the individual falling but not the “caution” sign. In this case, the defendant of the lawsuit may be able to argue that the off-camera caution sign indicated a wet floor.
Other Types of Evidence in these Cases
In the above situation, the defendant might not be liable for the accident, as the court may rule that the defendant was neither negligent nor caused the accident. For this reason, you may want to acquire additional evidence. Digital photographs of the scene can be a strong piece of evidence, showing (often in high-quality resolution) what the video surveillance missed. In the above example, a digital photograph of the scene could show that no “caution” sign existed.
Another strong piece of evidence is eyewitness testimony. These stories can serve to back up the injured person’s story. Testimony from employees can also help, as some might report evidence of neglected hazards.
Contact the Love Law Firm in Charleston WV Today
The Love Law Firm in Charleston WV specializes in slip and fall cases, and if you’ve been injured in such an accident, attorney Charles Love offers diligent and professional legal representation. With numerous wins under our belt involving good people who were injured due to the negligence and wrongdoing of others, we are confident that we can give your case the attention and skill it deserves. For a free consultation with attorney Love, call our Charleston WV law office today at (304) 344-5683.