Property owners in Ohio are legally responsible for keeping their premises reasonably safe for visitors. When accidents occur due to unsafe conditions, injured parties may pursue a premises liability claim. One of the most effective ways to strengthen such a case is through video evidence. Surveillance footage, cell phone recordings, and even social media clips can provide powerful proof that helps establish fault and liability.
Why Video Evidence Matters in Premises Liability Cases
Video evidence often carries more weight than written testimony because it captures events as they unfold. While witnesses may forget details or offer conflicting accounts, video can provide a clear and objective perspective. In Ohio, where premises liability claims often hinge on whether the property owner knew or should have known about a hazard, video can be the difference between a successful settlement and a denied claim.
How Video Supports Key Elements of a Claim
Premises liability law requires injured parties to prove specific elements: that a dangerous condition existed, that the property owner failed to fix it or warn about it, and that this negligence caused the injury. Video footage can document all three. For example, a security camera may show a spilled liquid on a store floor left unattended for hours, or a customer slipping on an icy sidewalk that was not salted. Such recordings provide a timeline of events, demonstrating both the existence of the hazard and the owner’s failure to address it.
Overcoming Common Defense Strategies
Property owners and their insurers frequently argue that an injured person was careless or exaggerated the circumstances. Video footage can quickly counter these claims by showing the actual conditions and the moment the accident happened. If a store argues that a spill occurred only seconds before a fall, footage may prove it was present for an extended period, undermining their defense.
Types of Video Evidence in Ohio Premises Liability Claims
Several sources of video can be valuable in building a strong case. Each type serves a different role in establishing liability.
Security Cameras and Store Surveillance
Retail stores, apartment complexes, and businesses often maintain surveillance systems. These cameras may capture accidents directly or record hazardous conditions leading up to the incident. In Ohio, injured individuals or their attorneys can request this footage, though timing is critical. Many businesses overwrite recordings within days or weeks. Prompt action ensures the evidence is preserved.
Cell Phone Recordings
Bystanders, employees, or even the injured party may capture video on their phones. This footage might show unsafe conditions, the immediate aftermath of an accident, or staff failing to take proper precautions. Because smartphones are so common, these videos often become valuable supporting evidence.
Body Cameras and Police Footage
In some situations, law enforcement may respond to the scene. Officers wearing body cameras can inadvertently capture useful video, such as hazardous conditions, crowd reactions, or statements made by employees. This type of evidence can bolster a claim by providing an official record.
Social Media and Third-Party Sources
Occasionally, video evidence surfaces from unexpected places. Other patrons may post videos to social media, or nearby businesses may have outdoor cameras that capture the incident. An attorney can investigate these possibilities to gather additional footage.
Legal Considerations for Using Video Evidence in an Ohio Claim
While video can be powerful, it must be obtained and used correctly under Ohio law. Improper handling could render evidence inadmissible in court.
Timely Preservation of Evidence
In Ohio, property owners may have a duty to preserve video once they know a claim could be filed. However, many businesses routinely delete or overwrite footage within a set timeframe. Sending a formal preservation letter immediately after the incident is essential to prevent loss of critical evidence.
Admissibility in Court
For video to be admissible, it must be authenticated. This means demonstrating that the footage is genuine and has not been altered. Courts may require testimony from the person who recorded the video or from a custodian of records at a business. Chain of custody is important to ensure credibility.
Privacy Issues
Ohio law places limits on how video can be collected. While footage from public spaces or voluntarily provided recordings is generally admissible, recordings obtained illegally—such as hidden cameras in private areas—cannot be used. An attorney ensures that evidence is gathered in compliance with state and federal privacy laws.
The Role of Video in Premises Liability Settlement Negotiations
Most Ohio premises liability cases settle before reaching trial. Video evidence often accelerates this process.
Strengthening Negotiating Power
Insurers are less likely to deny a claim when video clearly shows negligence. Footage of a wet floor without warning signs or an icy walkway left untreated makes it harder for them to argue liability. Strong video evidence can push insurers to offer a fair settlement sooner.
Reducing the Need for Lengthy Litigation
Without video evidence, cases often turn into disputes of credibility, relying heavily on witness testimony. This can prolong litigation and increase costs. Video footage streamlines the process by providing direct proof, saving both time and resources.
Steps to Take After an Accident in Ohio
When an injury occurs on someone else’s property, immediate action improves the chances of obtaining useful video evidence.
Report the Incident Promptly
Notify the property owner or manager right away. This creates a record and increases the likelihood that video will be preserved.
Request Video Evidence Quickly
Ask for a copy of any surveillance footage before it is overwritten. An attorney can send a legal request to ensure the property owner retains the recording.
Gather Additional Recordings
If possible, record the hazard and surroundings with your own phone. Speak with witnesses to see if anyone else captured video or photos.
Consult With an Attorney
An experienced Ohio premises liability attorney can handle evidence requests, secure preservation letters, and ensure that video is obtained legally and effectively. They also know how to present it strategically during negotiations or trial.
Conclusion
Video evidence has become one of the most compelling forms of proof in Ohio premises liability claims. Whether it comes from security cameras, smartphones, or third-party sources, video helps establish hazardous conditions, counters defense strategies, and strengthens negotiation leverage. Because surveillance footage can be quickly deleted and legal rules govern admissibility, timely action and legal guidance are critical. For injured parties, securing video evidence may be the deciding factor between a denied claim and a successful recovery.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
Suffering an injury due to unsafe conditions on someone else’s property can be a devastating experience. At Brandon J. Broderick, we understand the challenges you’re facing and are here to provide the compassionate guidance and support you deserve. Our team is dedicated to standing by your side every step of the way, helping you pursue justice and fair compensation for your injuries.
Contact us today and let us help you move forward with confidence and care.