Video surveillance can be a powerful tool in premises liability cases, but not all footage automatically strengthens your claim. Here's how it can help—and what to watch for.
Why Video Footage Matters in Connecticut Premises Liability Cases
Premises liability claims in Connecticut often hinge on proving what a property owner knew—or should have known—about a hazardous condition. A well-timed video can be the difference between a successful settlement and a denied claim.
Security footage can:
- Establish the timeline of the accident
- Capture the dangerous condition
- Show whether the property owner took reasonable steps to fix or warn about the hazard
- Confirm how long the condition existed before the injury occurred
In many cases, video recordings can also neutralize disputes about what actually happened, especially if the property owner blames the victim for their own injury.
Common Locations Where Video Footage May Exist to Support a Premises Liability Claim
In Connecticut, the following types of locations are often equipped with surveillance systems:
- Retail stores and supermarkets – Entryways, aisles, and checkout areas are usually monitored
- Apartment complexes – Lobbies, stairwells, elevators, and parking areas may have cameras
- Hotels and resorts – Hallways, pools, and common spaces often have video coverage
- Parking lots and garages – Many garages now have both security and motion-triggered cameras
- Restaurants and bars – Front entrances and kitchens may be recorded for security and insurance reasons
It’s important to act fast. Video footage is often overwritten after a short period—sometimes as little as 24 to 72 hours—unless it's flagged for preservation.
Steps to Take to Secure Video Evidence Quickly For Your Premises Liability Case
Prompt action is key when seeking video evidence for a premises liability claim in Connecticut. If you suspect cameras may have captured your accident, take these steps immediately:
- Return to the scene: Identify any visible cameras or ask witnesses about where they might be located
- Notify the property owner in writing: Send a written request asking them to preserve all relevant footage from a specific time and date
- Involve your attorney early: A lawyer can formally request video through a spoliation letter and, if necessary, subpoena footage during the discovery phase
- Ask nearby businesses or neighbors: If your fall or injury occurred outdoors or near other properties, their cameras may have captured part of the incident
Failing to act quickly may result in the loss of critical footage that could have supported your claim.
Connecticut's Legal Considerations Around Surveillance Footage
Connecticut law does not automatically require property owners to provide you with video surveillance unless litigation is underway. However, they cannot legally destroy potential evidence once they are notified of a pending claim. This is known as the duty to preserve evidence, and violating it could result in legal sanctions or court-imposed penalties.
Additionally, not all video footage is admissible in court. It must meet certain requirements, such as:
- Authenticity: The footage must be verified as genuine
- Relevance: It must clearly relate to the incident in question
- Clarity: Blurry or obstructed footage may not be useful
A seasoned premises liability attorney can ensure the footage is not only preserved but also used strategically to build your case.
When Video Footage Works Against You in a Premises Liability Claim
While video can be an asset, it can also present challenges. For example, footage may:
- Show you were distracted (e.g., using your phone) at the time of the incident
- Indicate signs were clearly posted warning of the hazard
- Reveal you ignored a marked-off area or barricade
This doesn't necessarily ruin your case—Connecticut follows a modified comparative negligence rule. You can still recover damages as long as you were less than 51% at fault. However, your compensation will be reduced in proportion to your share of responsibility.
Having legal representation helps navigate these complexities and address any damaging footage proactively.
How Attorneys Use Video in Connecticut Premises Liability Claims
Attorneys often use video as part of a broader evidence strategy. This may include:
- Syncing surveillance with medical records to show how the injury impacted you
- Demonstrating prior incidents if the hazard existed before and other people were affected
- Highlighting negligence patterns by comparing videos from multiple days or times
- Using expert witnesses to interpret the footage and explain how the injury occurred
Even a short video clip—when used effectively—can shift the direction of a claim in your favor.
Other Evidence That Supports Your Video Footage
Video alone rarely tells the full story. Strengthening your claim often requires a combination of:
- Photographs of the scene and your injuries
- Witness statements to provide context or fill in gaps
- Incident reports filed with the property owner or manager
- Medical documentation linking the incident to your injuries
- Maintenance records showing how the property was (or wasn’t) maintained
When paired with video, these elements create a more complete and persuasive picture of what happened and why you deserve compensation.
Conclusion
Video footage can significantly strengthen a Connecticut premises liability claim—but only if it's identified and preserved quickly. While helpful, it’s just one piece of the puzzle. Acting fast, securing other evidence, and working with an experienced attorney can dramatically improve your chances of success. Whether the footage clearly supports your version of events or introduces complications, having the right strategy in place makes all the difference when pursuing a fair outcome.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating a Premises Liability Claim in Connecticut can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.