New Jersey businesses and commercial properties are responsible for ensuring their premises are safe from any dangerous conditions or activities. With this, it is rather likely that these property owners will set up and monitor extensive surveillance camera systems throughout their premises. Additionally, it is even common for residential property owners to have cameras near their doorbells or points of entry for safety and security purposes. That said, you must entertain the high probability that there is video footage of your slip and fall accident on someone else’s property. Please read on to discover how to get security camera footage of your accident and how one of the competent Monmouth County slip and fall accident attorneys at Wilton Law Firm can help you effectively utlitize it in your personal injury claim.
As the plaintiff of a personal injury claim, you have a burden of proof in establishing a property owner’s negligence in your slip and fall accident event. Otherwise, it will just be your word against theirs, which can only get you so far in the eyes of the New Jersey civil court. Therefore, security camera footage, is clearcut, visible evidence of your accident happening in real time. This is arguably stronger proof than photos and videos you might take of the scene after your accident event.
Here, the footage will confirm who or what prompted the slip and fall to occur and how serious the slip and fall was, all of which is critical to solidify in your legal argument. For example, say you claim that you slipped and fell on a wet floor and incurred a serious brain injury as a result. Well, the security camera footage may display the lack of warning signage in your vicinity, along with capturing the moment you violently slammed your head against the hard floor.
Now that you understand the cruciality of security camera footage, you may want to get your hands on it. A general rule of thumb is that the sooner you acquire this footage, the better, as most business or residential security systems automatically erase footage within seven to 30 days for storage purposes. Of course, the property owner may be unwilling to share this footage with you, as they may know well enough that this is compromising evidence.
In your encounter this challenge, allow your legal representative to step in and take action on your behalf. First, we may send a preservation demand to the property owner, which is a formal notice of their legal duty to not erase or destroy footage potentially relevent to the pending personal injury case. Then, we may file a subpoena during the discovery phase of your claim proceedings. Any push back from the property owner may lead to spoliation sanctions, which may hurt their defense overall.
You can schedule your free initial consultation with us today. Please do not hesitate in reaching out to one of the seasoned Monmouth County personal injury attorneys from Wilton Law Firm.
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