If you have suffered an injury while shopping at a grocery store in Virginia, surveillance footage from the store’s security cameras may play an important role in your Roanoke personal injury claim. Here is what you need to know about how surveillance footage is used in these types of cases:
Obtaining the Footage
The first step is to request a copy of any surveillance footage that may have captured your accident. This request should be made in writing to the store manager.
The store is not legally required to provide the footage, but may voluntarily share it with you or your attorney to assist in resolving the claim.
If the store refuses to share the footage, your attorney can pursue legal means to compel them to produce it, such as through a subpoena or court order.
What the Footage May Show
The surveillance video may capture important details about how the incident occurred, such as:
- Where you were located in the store when you fell or were injured.
- The condition of the flooring and whether there were any substances present that could have caused a slip and fall.
- How you fell and the mechanics of the incident.
- Any hazards or dangerous conditions that led to the incident.
- The actions of any employees before, during and after your accident.
The footage provides documentation and visual evidence from an objective third-party source.
Using the Footage to Prove Liability
In a grocery store injury claim, you must prove that the store was negligent in some way and therefore liable for your damages. Surveillance footage can help establish liability by showing:
- Poor maintenance, such as failure to clean up spills in a timely manner
- Improperly stacked displays or shelving
- Lack of safety protocols such as wet floor signage
- Inadequate lighting
- Anything else that depicts the store breaching its duty of care to keep the premises reasonably safe
The footage may also show the absence of negligence if it demonstrates the store was properly maintained and no dangerous conditions existed.
Supporting Damages and Injuries
The surveillance video can visually depict the force of your fall or accident and correspond with your claimed injuries. For example, if you fell hard on your back, the footage may show the severity of the impact.
It documents your post-accident actions and any noticeable injuries, such as limping or inability to stand. This can support claims of pain and suffering, medical treatment, and disability resulting from the incident.
Preventing Fraudulent Claims
Unfortunately, some injury claims turn out to be exaggerated or even falsified. If a claimant states they fell in a certain way that is clearly contradicted by video evidence, it can defeat their claim or reveal fraud.
The footage essentially memorializes the incident and prevents truthful accounts from being distorted over time. This protects stores from paying out on fraudulent or inflated claims.
Consulting an Attorney
An experienced personal injury attorney can request surveillance footage on your behalf, analyze the video to build the best case, and fight to compel disclosure if the store refuses to provide it. They will also interview witnesses, gather medical reports, examine the accident scene, and use the video as one component of a comprehensive investigation.
For a free consultation on your Virginia grocery store injury claim, contact the experienced attorneys at Monge & Associates. With 32 offices in 19 states, including Virginia, Maryland, and Mississippi, we have the expertise and resources needed to handle your case. Call (888) 477-0597 today.