When someone is injured on another person’s property in New Jersey—whether it’s a slip on icy steps or a fall in a poorly lit parking lot—video footage can significantly influence the outcome of a premises liability case. Captured footage provides a visual record that can help confirm details, clarify timelines, and resolve disputes over what occurred. But the effectiveness of video evidence depends on how it’s obtained, preserved, and used in court.

Why Video Footage Matters in New Jersey Premises Liability Cases

In premises liability claims, the injured party must show that the property owner or occupier was negligent in maintaining the premises and that this negligence directly caused the injury. Proving this often comes down to details—how long a hazard was present, whether the owner was aware, and whether reasonable steps were taken to prevent harm.

Video recordings provide:

• A timestamped visual record of the scene
• Evidence of hazardous conditions, such as wet floors or broken steps
• Footage of employees or staff ignoring or responding to the hazard
• Confirmation of the incident's timing, which can be vital in determining notice

Whether from surveillance systems, cell phones, doorbell cameras, or dashboard cams, video can become one of the most persuasive pieces of evidence in a New Jersey premises liability claim.

Types of Video Sources in New Jersey Property Injury Claims

New Jersey is densely populated, and most commercial, residential, and municipal properties now rely on video surveillance for safety and liability management. Here are common sources of footage that can support a premises liability claim:

• Security Cameras: Found in retail stores, apartment complexes, and office buildings, these typically cover entryways, stairwells, and high-traffic areas.
• Doorbell Cameras: In residential claims, Ring or similar systems may have captured accidents at private homes.
• Cell Phones: Bystanders or the injured party may record aftermath footage or the conditions leading to an incident.
• Dash Cams: In cases involving parking lots, these may show how the hazard affected vehicle or pedestrian movement.
• Municipal Cameras: Some public areas, including parks or sidewalks, may be under city surveillance.

How to Obtain Video Evidence After a Property Injury

One of the challenges in using video evidence is accessing it before it’s lost. Many commercial security systems automatically delete footage after a short period—often 30 days or less. Acting quickly is key.

Steps to take include:

• Request footage immediately from the property owner or business where the injury occurred.
• Send a formal preservation letter (often called a spoliation letter) requesting that all relevant footage be saved.
• Ask for copies of surveillance footage from nearby businesses or residents if the incident occurred in a public or shared area.
• Hire an attorney early, as they can formally request or subpoena video if the property owner refuses to cooperate.

It’s worth noting that while private individuals or businesses are not legally obligated to voluntarily hand over footage, they must not destroy it if they’ve received proper legal notice.

Legal Weight of Video in New Jersey Courts

In New Jersey, video evidence is generally admissible in civil cases so long as it’s relevant and authentic. The person presenting the video must show that it accurately reflects the event and hasn’t been edited or altered.

Courts look at:

• Time and date stamps for accuracy
• Continuity of footage, ruling out cuts or gaps
• Chain of custody, ensuring the footage hasn’t been tampered with
• Witness testimony, which can validate the events shown on the recording

Video doesn’t need to capture the exact moment of injury to be useful. Footage showing the hazardous condition in the hours or days before the incident can establish that the property owner had time to address it.

Using Video to Counter Defense Strategies

Defendants in premises liability cases often argue that the injured party was careless or that the hazard appeared too recently to be corrected. Video recordings can weaken these defenses by:

• Showing the hazard existed for an extended period
• Demonstrating that staff or management saw the danger and ignored it
• Capturing the injured person acting with caution, which helps refute claims of carelessness

In some cases, video may also show previous similar incidents, helping establish a pattern of negligence.

Limitations and Challenges of Video Evidence

While video can be powerful, it’s not always a silver bullet. Footage might be low quality, obscured by poor lighting, or fail to capture the relevant area. Additionally, some businesses may refuse to release video without a subpoena.

Other challenges include:

• Partial recordings that don’t show the full sequence
• Missing timestamps or audio that leave context unclear
• Footage overwritten before retrieval, particularly in systems with short retention windows

That’s why securing video early and consulting with legal professionals experienced in premises liability law is so important.

How an Attorney Can Strengthen a Video-Supported Claim

A seasoned New Jersey premises liability lawyer can do more than just obtain footage—they can help interpret it in the context of your legal claim. This includes:

• Analyzing whether the property owner’s actions met the legal standard of care
• Aligning the video with witness statements, medical records, and expert testimony
• Preparing the footage for presentation in court, ensuring it meets evidentiary standards

Video can be compelling, but it's most effective when paired with a complete and strategic legal argument.

Conclusion

In a New Jersey premises liability case, video evidence can dramatically shift the balance in favor of the injured party. It adds a layer of objectivity and detail that can be difficult to challenge, especially when gathered and presented effectively. However, quick action is key, and working with an experienced attorney ensures the evidence is secured, preserved, and used to its full potential.

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

Navigating New Jersey premises liability claims can be challenging. Fortunately, you don't need to do it alone. The experienced 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.