Surveillance footage plays a major role in New Jersey slip and fall cases. Video evidence can strengthen an injury claim by showing exactly how an accident occurred — but in some situations, it may also undermine the victim’s case. Understanding how cameras influence liability and compensation is essential for anyone injured on another party’s property.
How Surveillance Footage Helps Your Case
1. Shows the Hazard That Caused the Fall
One of the biggest challenges in a slip and fall claim is proving that a dangerous condition existed. Video footage can clearly display spilled liquids, broken tiles, icy walkways, or other hazards that property owners failed to fix. This visual evidence often carries more weight than witness statements alone.
2. Establishes How Long the Hazard Was Present
To win a premises liability case in New Jersey, the victim must usually show that the property owner knew or should have known about the danger. Surveillance cameras can reveal whether the hazard existed for minutes or hours before the fall. If a long period passed without inspection or cleanup, it can demonstrate negligence.
3. Confirms the Victim’s Actions
Footage showing the victim walking normally, not running, not distracted, and not ignoring warning signs helps counter claims that the accident was the victim’s fault. Because New Jersey follows comparative negligence, reducing blame on the victim can significantly increase compensation.
How Surveillance Footage Can Hurt a Claim
1. May Show the Victim Was Partially at Fault
If the video shows the injured person texting, stepping over a visible hazard, or bypassing a caution sign, the property owner may argue that the victim contributed to their own injuries. In New Jersey, this can reduce compensation — or bar recovery entirely if the victim is more than 50% at fault.
2. Can Dispute the Severity of Injuries
Surveillance taken before or after the accident, such as the victim walking without difficulty, can be used to question the seriousness of the injuries. Insurance companies often rely on this type of footage to argue that the harm was exaggerated.
3. Footage May Be Lost or Destroyed
Many businesses overwrite their surveillance every 7, 14, or 30 days. If a victim waits too long to request the video, it may disappear permanently. This loss can make proving the case much harder.
Securing Surveillance Footage in New Jersey
It is critical to act quickly after a slip and fall. An attorney can send a preservation letter to the property owner demanding that all relevant footage be saved. Failing to preserve the video after receiving such a notice may lead to legal consequences for the defendant and can strengthen the victim’s case.
Why Video Evidence Matters
Surveillance cameras provide objective, time-stamped evidence that can clarify disputes and reveal negligence. When available, footage often becomes the centerpiece of a slip and fall claim — either supporting the injured person’s version of events or giving the defense grounds to challenge liability.
Final Thoughts
If you were injured in a slip and fall in New Jersey, obtaining surveillance footage quickly can make the difference between a strong claim and a difficult one. A skilled attorney can help secure evidence, analyze the video, and protect your rights throughout the legal process.