Why Video Footage Matters in Florida Premises Liability Cases

If you’ve been hurt on someone else’s property in Florida—whether in a grocery store, parking lot, hotel, or apartment complex—you may be entitled to file a premises liability claim. But securing compensation isn’t always simple. One of the most compelling tools in these cases is video evidence. Footage from security cameras, smartphones, or other digital devices can often make or break a claim by showing what really happened, when, and why.

What Is a Premises Liability Claim in Florida?

In Florida, premises liability refers to a property owner’s legal responsibility for maintaining reasonably safe conditions on their property. Common examples of incidents that may lead to a claim include:

To succeed in a premises liability claim, you must show that the property owner or occupier failed to take reasonable steps to prevent the hazard that caused your injury.

How Video Evidence Supports a Premises Liability Claim

Video evidence can serve several purposes in a Florida premises liability case:

  • Captures the incident as it happened – Proving exactly how the injury occurred
  • Establishes the timeline – Showing how long a hazard existed before the injury
  • Demonstrates negligence – Revealing whether property staff ignored or failed to fix a known danger
  • Identifies witnesses – Video can help locate people who were nearby or saw the event unfold

Without video, many claims rely heavily on verbal testimony—which can be disputed. Footage often adds credibility and visual proof that’s hard to argue against.

Types of Video Evidence Common in Florida Premises Cases

Several forms of digital evidence can help support your case, including:

  • Surveillance cameras – Many retail stores, apartment complexes, hotels, and parking lots use 24/7 video surveillance. These cameras may capture the event or the unsafe condition leading up to it.
  • Cell phone recordings – Bystanders may capture footage of your accident or its aftermath.
  • Body cams or dash cams – In some cases, security personnel or witnesses may have their own devices recording the incident.
  • Doorbell or building entry cameras – Particularly in residential settings or Airbnb rentals.

Each of these sources can potentially provide compelling visuals to back up your premises liability claim.

How to Request Video Evidence After a Premises Injury in Florida

If you’re injured on a property in Florida, it’s critical to act quickly. Most businesses and residential properties only retain video for a short time—sometimes just days. Here’s what you should do:

  1. Notify the property owner or manager immediately – Ask that any relevant video footage be preserved. Put this request in writing.
  2. Document the scene yourself – If possible, take photos or video of the area and the hazard.
  3. Speak with witnesses – Someone nearby may have captured video on their phone.
  4. Hire a premises liability attorney – An attorney can issue a formal request, such as a preservation letter or subpoena, to ensure video evidence is not deleted.

Delays can lead to lost footage and lost opportunities to strengthen your claim.

What If the Property Owner Refuses to Provide Video Footage?

Unfortunately, businesses and landlords don’t always cooperate. They may claim footage was deleted, isn’t available, or doesn't exist. If you face this roadblock:

  • Legal intervention may be required – Your attorney can subpoena the footage during the discovery process.
  • Failure to preserve video after a request may harm their case – Courts in Florida may view the loss of video after a formal preservation request as spoliation of evidence, which can be used to your advantage.

Video Evidence and Shared Fault in Florida

Florida follows a modified comparative fault system. This means that if you’re found partially at fault for the incident, your compensation will be reduced by your percentage of fault. If you're found to be more than 50% at fault, you can’t recover damages at all.

Video footage can protect you from unfair blame by showing the truth:

  • Did you ignore clear warning signs?
  • Was the hazard clearly visible or marked?
  • Was the property owner aware of the danger and failed to fix it?

Video evidence can answer these questions more clearly than witness statements alone.

When Video Isn’t Available, What Are Your Options?

Even if video doesn’t exist or is unavailable, you can still file a premises liability claim. Other forms of evidence may include:

  • Photos of the accident scene and hazard
  • Medical records
  • Witness statements
  • Maintenance logs or incident reports
  • Testimony from safety experts

While digital evidence can be powerful, it’s not the only way to support your case.

Real-World Example: How Video Makes a Difference

Consider this example: A woman slips and falls in a Florida grocery store near a spilled liquid. The store initially denies liability, claiming the spill just happened. However, security footage shows the spill had been on the floor for over 20 minutes and employees walked by it without cleaning it up. The video not only confirmed the fall but also proved negligence—leading to a successful settlement.

The Role of a Premises Liability Attorney in Florida

An experienced attorney can:

  • Help identify sources of video evidence
  • Formally request or subpoena the footage
  • Build a case around the evidence available
  • Push back against denials and lowball offers
  • Represent you in court, if necessary

At Brandon J. Broderick, Attorney at Law, we’ve handled many premises liability cases where video evidence played a decisive role. We understand the legal tools available to obtain footage and the strategies to use it effectively.

Call Brandon J. Broderick For Legal Help

If you were injured on someone else’s property in Florida, don’t leave your case to chance. Whether you slipped in a store, fell down unsafe stairs, or were hurt due to poor security, video evidence may be the key to proving your claim.

At Brandon J. Broderick, Attorney at Law, we act quickly to preserve evidence, protect your rights, and pursue maximum compensation. Our team understands the importance of digital evidence and how to build a strong, fact-based case for our clients.

Contact us today for a free consultation and let us fight for the recovery you deserve.

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