Slip and fall accidents are some of the most common causes of personal injury in New Jersey, often resulting in serious injuries and legal claims. When you are filing a slip and fall claim or lawsuit, evidence is crucial, and surveillance footage can make or break your case. Understanding the role that this type of evidence plays in a personal injury case is imperative in preparing for and winning your case. For more information and to obtain the help of an experienced legal professional, continue reading and consult with a knowledgeable Middlesex County premises liability attorney today.
What Evidence Do I Need to Prove My Claim?
In a slip and fall case, as the plaintiff, you must prove that the property or business owner was negligent. This means they knew, or should have known, of a dangerous condition and failed to rectify it. In order to establish the defendant’s negligence, you need ample and compelling evidence establishing that the hazard existed, the length of time it was present, and that the property owner should have corrected it or at least warned you about the danger.
Commonly used evidence in a slip and fall case includes the following:
- Photographs of the scene of the accident and the resulting injuries
- Witness statements from individuals who saw the accident occur or can speak to the hazardous condition
- Medical records linking your injuries to the fall
- Incident reports from the property owner or company
Another important piece of evidence that can have a significant impact if it is available is surveillance or security footage from businesses, homes, or surrounding areas.
What Role Does Surveillance Footage Play in an NJ Slip and Fall Claim?
Surveillance footage is one of the most powerful and compelling types of evidence that can be used in a slip and fall case. These videos provide an objective view of what occurred, showing when, where, and how the accident happened.
Surveillance footage can benefit you as the injured party in a multitude of ways. It can prove:
- That the hazardous condition actually existed
- How long the hazardous condition was present
- That the property owner or employees knew or should have known about the condition but failed to act promptly
It is important to note, however, that this footage can also harm your case depending on what really happened. For example, if you were not paying attention when the accident occurred, entered a closed or restricted area, or ignored warning signs, it could be detrimental to your claim.
Even if you are found partially responsible for the incident, you can still recover compensation under New Jersey’s comparative negligence system as long as you are not more at fault than the other party. However, the amount of compensation you are entitled to will be reduced based on the degree of fault you are assigned.
For more information, reach out to a skilled attorney today.
