The Role of Video Footage in Strengthening a Massachusetts Injury Case
Slip and falls, trip hazards, or accidents caused by poor lighting or wet floors—premises liability accidents happen every day in Massachusetts. For injured individuals seeking to hold a property owner accountable, video footage can make or break a claim. Surveillance recordings, cell phone videos, or bodycam footage can offer an unbiased account of the incident and help prove liability and damages. But obtaining and preserving this footage is rarely straightforward. Understanding how video evidence fits into your legal strategy could significantly impact the outcome of your premises liability case.
Why Video Evidence Matters in Premises Liability Lawsuits
Video footage is one of the most persuasive forms of evidence in personal injury claims, especially when negligence needs to be proven on the part of the property owner or business.
Offers an Objective Timeline
When a dispute arises about how or when the injury occurred, video footage can eliminate speculation. For example, if you slipped on a puddle at a grocery store, footage can reveal how long the hazard was present, whether staff ignored it, and if warning signs were posted.
Corroborates Witness Testimony
Witness statements can sometimes be dismissed as biased or inaccurate. Video footage that supports or clarifies a witness account reinforces your version of events, making it harder for the defense to discredit your claim.
Highlights Preventability
One of the key elements in premises liability cases is foreseeability. Video showing repeated unsafe conditions, lack of regular maintenance, or a previous incident can establish a pattern of negligence. It can also show whether the owner had time to fix the issue but failed to act.
Sources of Video Evidence in Massachusetts Premises Liability Claims
Depending on where the injury occurred, various types of video may exist. Knowing where to look and how to request it is essential.
Surveillance and Security Cameras
Retail stores, apartment complexes, hotels, and public buildings often have surveillance systems. These may capture the incident itself or show the moments leading up to or following it. However, the availability of footage depends on the type of system and how long the video is stored—sometimes just days.
Action Tip: Request that footage be preserved immediately. Property owners are under no legal obligation to retain video unless they’re notified of potential litigation.
Doorbell and Private Cameras
If your injury occurred near a residential property or in a neighborhood, doorbell cameras like Ring or private security systems may have captured the event. In these cases, the owner must voluntarily provide the footage, unless subpoenaed during discovery.
Cell Phones and Bodycams
Bystanders may record incidents on their phones, especially if a fall is public or dramatic. If emergency personnel responded, police bodycam footage may also provide valuable context. These recordings could capture pain levels, hazards, or unsafe behavior by property managers.
Public Transportation and Government Property
When injuries occur on municipal property or transit systems, video is often available—but the process for requesting it is more bureaucratic. Promptly filing a notice of claim is key, as government entities often have shorter filing deadlines and strict procedures.
Legal Hurdles in Securing Video Evidence
While video can be pivotal, it’s rarely easy to obtain. Several legal and practical obstacles can stand in the way of capturing that valuable footage.
Limited Retention Periods
Many surveillance systems automatically overwrite footage every 24 to 72 hours. If you wait too long, the footage could be permanently lost. Massachusetts law does not require businesses to retain video unless a preservation request is submitted in time.
Privacy and Accessibility Issues
Private entities are not required to hand over video without a court order unless they willingly cooperate. Even if you know a video exists, you may need to issue a subpoena during the discovery phase of litigation to obtain it legally.
Edited or Missing Footage
In some cases, the footage provided may be incomplete, edited, or mysteriously missing. If this happens after a formal preservation request, it may be grounds for a spoliation claim. Courts can impose penalties or presume the missing footage would have favored the injured party.
Best Practices for Preserving Video Evidence After an Accident
If you’re injured on someone else’s property, acting quickly can significantly improve your chances of securing video evidence.
Notify the Property Owner Immediately
Send a written notice requesting the preservation of all video footage surrounding the incident. Be specific about the time frame and location. This letter puts the property owner on notice and helps prevent the destruction of evidence.
Consult a Massachusetts Premises Liability Lawyer
An experienced attorney can draft and send legal notices, issue subpoenas, and take further legal action if the footage is withheld or destroyed. Legal teams often act faster and more efficiently when dealing with commercial or government entities.
Gather Alternate Footage
If surveillance is unavailable, look for other sources—bystander videos, social media posts, dashcams from parked cars, or even news footage if the incident attracted attention.
How Massachusetts Law Views Video Evidence in Injury Claims
Massachusetts follows the modified comparative negligence rule. This means you can recover damages even if you’re partially at fault, as long as your share of responsibility is less than 51%. Video evidence can be instrumental in reducing your perceived fault—or eliminating it entirely.
Courts and insurers value video evidence highly. Unlike witness memories or injury photos taken after the fact, video is timestamped and hard to dispute. If properly authenticated, it can be introduced at trial or settlement negotiations to support liability and damages.
Real-World Example: Slip and Fall in a Grocery Store
A shopper in Springfield slipped on a spilled liquid in a supermarket aisle and broke her ankle. She reported the incident, but the store denied fault. Her attorney issued a preservation letter the same day, and surveillance footage later showed the spill was present for over 20 minutes without cleanup or warning signs. The video helped secure a six-figure settlement without trial.
Now imagine if that footage had been erased because no one acted quickly. The case may have become a “he-said, she-said” situation, with far less leverage for the injured party.
What to Do If No Video Exists
Lack of video evidence doesn’t automatically doom your claim. Property records, witness statements, incident reports, photos, and maintenance logs can still build a strong case. But when video does exist—or may exist—pursuing it should be a top priority.
Conclusion
In Massachusetts premises liability claims, video evidence often separates strong cases from weak ones. It verifies what happened, shows what could’ve been prevented, and solidifies your legal argument. But time is your enemy—most footage is erased within days. Acting swiftly, working with a knowledgeable attorney, and understanding your rights to request and preserve video can make all the difference. Don’t assume footage will be there when you need it. Take steps to secure it now—your recovery could depend on it.
Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help
If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence.
Contact us now for a free legal review.