A slip and fall on a wet floor, a trip over an unseen hazard, or a fall down a poorly lit staircase can drastically alter your life. Suddenly, you are facing medical bills, lost wages, and significant pain and suffering. When these incidents happen on someone else's property in Kentucky, you may have a right to compensation through a premises liability claim. Proving that the property owner's negligence caused your injuries is the foundation of your case. While various forms of evidence can support your claim, one of the most powerful tools at your disposal is video footage. In a world of ever-present cameras, from security systems to smartphones, video evidence can provide an unbiased account of what happened, making it an invaluable asset in your pursuit of justice.

This article explores the significant role video evidence plays in a Kentucky premises liability claim. We will examine the types of video footage that can be beneficial, how to obtain it, and the ways it can strengthen your case. Understanding the impact of this evidence can empower you to take the right steps after an accident and protect your legal rights.

Understanding the Basics of a Kentucky Premises Liability Claim

At its core, a Kentucky premises liability claim holds a property owner responsible for injuries that occur on their premises due to a hazardous condition. Kentucky law outlines specific duties that property owners owe to individuals who enter their land. The extent of this duty depends on the legal status of the visitor.

• Invitees: These are individuals who are on the property for the financial benefit of the landowner, such as customers in a store or patrons in a restaurant. Property owners owe invitees the highest duty of care. They must keep the property in a reasonably safe condition and warn of any known dangers. This includes a duty to inspect the premises to discover any hidden dangers.
• Licensees: A licensee is a social guest who is on the property for their own purposes with the owner's permission. The property owner has a duty to warn a licensee of any known, non-obvious dangers.
• Trespassers: A trespasser enters the property without permission. Generally, property owners do not owe a duty of care to adult trespassers, except to refrain from willfully or wantonly injuring them. However, there are exceptions, particularly when it comes to child trespassers and the "attractive nuisance" doctrine.

To succeed in a Kentucky premises liability claim, you and your attorney must establish four key elements:

1. Duty of Care: The property owner owed you a duty of care based on your status as a visitor.
2. Breach of Duty: The property owner failed to meet that duty of care. For example, they failed to clean up a spill in a timely manner or did not repair a broken handrail.
3. Causation: The property owner's breach of duty directly caused your injuries.
4. Damages: You suffered actual harm, such as medical expenses, lost income, and pain and suffering.

Proving these elements can be challenging. Property owners and their insurance companies may argue that you were at fault for the accident or that the hazard was "open and obvious." This is where compelling evidence, particularly video footage, can make all the difference.

The Power of Video Evidence in a Kentucky Premises Liability Claim

Words can be disputed, and memories can fade, but a video recording offers a clear and objective account of events. For this reason, video evidence is often a cornerstone of a successful Kentucky premises liability claim. It can provide irrefutable proof of what happened, who was present, and the conditions of the property at the time of the incident.

How a Kentucky Premises Liability Lawyer Can Use Video Evidence to Strengthen your Claim

An experienced premises liability lawyer understands how to leverage video evidence to build a strong case. Here are some of the ways video footage can be instrumental:

• Establishing the Hazardous Condition: Video can clearly show the existence of the hazard that caused your injury. A recording of a puddle on the floor without any warning signs, a loose tile on a walkway, or a poorly lit parking lot can be powerful proof.
• Proving Notice: A key element in many premises liability cases is proving that the property owner knew or should have known about the dangerous condition. Video footage can sometimes show how long the hazard existed before your accident. If a spill was on the floor for a significant period and multiple employees walked past it, this strengthens your argument that the owner had "constructive notice" and was negligent in failing to address it.
• Countering Defenses: As mentioned, property owners often try to shift the blame to the victim. They might claim you were on your phone and not paying attention or that you were in an area where you were not supposed to be. Video evidence can effectively rebut these claims by showing exactly what you were doing in the moments leading up to the accident.
• Demonstrating the Severity of the Incident: A video can capture the mechanics of your fall and the immediate aftermath, which can help to illustrate the severity of the impact and your resulting injuries. This can be particularly persuasive when conveying the extent of your pain and suffering to an insurance adjuster or a jury.

Common Sources of Video Evidence for Your Premises Liability Claim

In today's digitally connected world, video cameras can be found in almost every location. Identifying and preserving footage from these sources is an important step after an accident. A knowledgeable premises liability lawyer in Kentucky will know where to look and how to obtain this evidence. Some common sources include:

• Business Security Cameras: Most retail stores, grocery stores, hotels, and other businesses have security cameras for loss prevention and safety. These cameras often capture the very areas where accidents are likely to occur, such as entrances, aisles, and checkout areas.
• Residential Security Systems: With the rise of doorbell cameras and home security systems, footage of an accident that occurred on residential property may be available. This can be helpful in cases involving slip and falls on a neighbor's icy sidewalk or an injury at a friend's home.
• Traffic and Municipal Cameras: If your accident occurred on public property, such as a sidewalk or in a government building, there may be city-operated cameras that captured the incident.
• Witness Cell Phone Videos: In the immediate aftermath of an accident, witnesses may have taken videos with their smartphones. This footage can be incredibly valuable, as it provides a close-up and personal perspective of the scene.
• Dash Cams: If your injury occurred in a parking lot or near a roadway, it is possible that a vehicle's dashboard camera recorded the event.

The Process of Obtaining and Preserving Video Evidence For a Kentucky Premises Liability Claim

Obtaining video evidence is not always a straightforward process. Property owners may be reluctant to voluntarily turn over footage that could prove their negligence. This is why it is so important to act quickly and enlist the help of a skilled attorney.

Steps to Take to Secure Video Evidence

1. Notify the Property Owner: Immediately after your accident, if you are able, report the incident to the property owner or manager. In your report, mention that you would like to have a copy of any video footage of the incident. While they may not provide it to you directly, this creates a record of your request.
2. Send a Spoliation Letter: This is a formal legal document that your attorney will send to the property owner. The letter instructs them not to destroy, alter, or otherwise tamper with any evidence related to your accident, including video recordings. Many security systems are on a loop and will automatically record over old footage. A spoliation letter puts the owner on notice of their legal obligation to preserve this evidence.
3. File a Lawsuit and a Request for Production: If the property owner refuses to provide the video footage voluntarily, your attorney can file a lawsuit and then formally request the evidence through the discovery process. A "Request for Production of Documents" is a legal tool that compels the opposing party to turn over relevant evidence, including electronic recordings.
4. Issue Subpoenas: In some cases, your attorney may need to issue subpoenas to third parties who may have video evidence, such as a neighboring business or a municipal authority. A subpoena is a court order that requires a person or entity to produce specified documents or records.

The Admissibility of Video Evidence in Kentucky Courts

For video evidence to be used effectively in your Kentucky premises liability claim, it must be admissible in court. Generally, for a video to be admissible, it must be

• Relevant: The video must have a tendency to make a fact that is of consequence to the case more or less probable.
• Authentic: You must be able to prove that the video is what it purports to be. This can often be done through the testimony of a witness who can verify that the video accurately depicts the scene of the accident.
• Not Unfairly Prejudicial: The video cannot be so graphic or inflammatory that it would be likely to unfairly sway the jury.

An experienced premises liability lawyer will know how to properly authenticate and present video evidence to ensure it is admitted by the court and given the weight it deserves.

What to Do if There Is No Video Evidence

While video evidence is undoubtedly powerful, its absence does not mean you cannot win your Kentucky premises liability claim. Many successful claims are built on other forms of compelling evidence. A skilled attorney will know how to build a strong case even without video footage.

Alternative Forms of Evidence

• Photographs: Taking photos of the accident scene, your injuries, and any hazardous conditions is very important. Photos can help to document the scene before any changes are made.
• Witness Testimony: Eyewitness accounts of your accident can be very persuasive. Your attorney can interview witnesses and obtain their sworn statements.
• Accident Reports: If you reported the accident to the property owner, there may be an official incident report. This report can contain important information about the time, date, and location of the accident, as well as any initial findings.
• Medical Records: Your medical records will provide a detailed account of your injuries, the treatment you have received, and the long-term prognosis.
• Expert Testimony: In some cases, your attorney may hire an expert witness, such as an engineer or a safety expert, to provide testimony about the hazardous condition and why it was unsafe.

Even without a video, a thorough investigation and the strategic use of these other forms of evidence can lead to a successful outcome in your Kentucky premises liability claim.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If you have been injured on someone else's property in Kentucky, you should not have to bear the financial burden of your injuries alone. A successful premises liability claim can provide you with the compensation you need to cover your medical bills, lost wages, and other damages. The legal team at Brandon J. Broderick, Attorney at Law, has extensive experience handling these complex cases. We understand the importance of a thorough investigation and the powerful role that evidence, including video footage, can play in achieving a favorable outcome.

We are dedicated to helping our clients navigate the legal process and fight for the justice they deserve. We will work tirelessly to gather all available evidence, build a strong case on your behalf, and negotiate with the insurance companies to secure a fair settlement.

Do not wait to seek legal help. The sooner you contact us, the sooner we can begin working to protect your rights and preserve important evidence. Contact us today for a free consultation.