An ordinary day can change in an instant. A trip to the grocery store, a visit to a friend’s apartment complex, or a walk through a parking lot can result in a serious injury when a property owner fails to maintain a safe environment. Spilled liquids, icy walkways, broken stairs, or poor lighting can lead to devastating falls and accidents. When such incident happens, Vermont law allows injured individuals to seek compensation through a premises liability claim.
Proving that a property owner’s negligence caused your injury is the foundation of any successful claim. While witness testimony and medical records are important, one piece of evidence can often stand above the rest: video footage. In our digitally documented world, cameras are nearly everywhere. From security systems to doorbell cams, this footage can provide an unbiased account of what happened, making it an invaluable asset in your pursuit of justice. This article explains the significant role of video evidence for your personal injury in Vermont and the necessary steps to secure it for your case.
The Power of Visuals: Why Video Is a Game-Changer in a Vermont Premises Liability Claim
When you are injured on someone else’s property, the owner or their insurance company may try to shift the blame. They might claim the hazard was obvious, that you were not paying attention, or that the accident did not happen the way you described. A clear video recording can effectively neutralize these arguments.
Video evidence provides a powerful, objective narrative that is difficult to dispute. It can establish several core elements required to win a Vermont premises liability claim:
- Proof of the Hazard: A video can show the dangerous condition—a puddle of water on a tile floor, a large crack in a sidewalk, or a patch of ice in a dimly lit parking garage.
- Notice to the Property Owner: In many cases, you must show the property owner knew or should have known about the hazard. Surveillance footage can be time-stamped, potentially showing how long a dangerous condition existed before your accident. If a video shows employees repeatedly walking past a spill without cleaning it up, it strongly suggests negligence.
- Causation: The footage can create a direct and undeniable link between the hazard and your injury. It can show the exact moment your foot slipped on the ice or you tripped over an unmarked obstacle, leaving no room for doubt about what caused your fall.
- The Severity of the Incident: While a video does not show your pain, it can depict the force of the impact. Footage of a hard fall can help an insurance adjuster or jury appreciate the physical trauma you endured, which can be important when calculating compensation for pain and suffering.
Primary Sources of Vermont Property Accident Video Evidence
After an accident, you may not immediately think about potential video sources, but identifying them quickly is essential. The footage you need could come from a variety of devices, and a skilled premises liability lawyer in Vermont will know where to look.
Commercial Security and Surveillance Systems
Most businesses, from large retail stores and shopping malls to smaller local shops and restaurants, use security cameras. These are often the most direct source of Vermont slip and fall video evidence. Cameras are typically positioned to monitor entrances, aisles, checkout areas, and parking lots—all common locations for accidents.
Residential Cameras (Doorbells and Home Security)
The rise of smart home technology means countless homes now have video doorbells (like Ring or Nest) and exterior security cameras. If your accident occurred on a residential sidewalk, walkway, or porch, a nearby doorbell camera may have captured the entire event.
Dashcams in Vehicles
Dashcams are no longer just for capturing traffic accidents. A camera in a parked car or a vehicle passing by could have recorded your fall in a parking lot or on a public sidewalk adjacent to a street. This source is frequently overlooked but can yield high-quality, unexpected evidence.
Cell Phone Videos from Bystanders
Witnesses to your accident may have used their smartphones to record the aftermath. This footage can document the scene, the hazardous condition that caused your injury, your immediate physical state, and even conversations with employees or property managers after the incident.
ATM and Bank Cameras
Many ATMs have cameras that not only record transactions but also capture a wide-angle view of the surrounding area. If your accident happened near a bank or a standalone ATM, its camera system could hold the Vermont injury claim video proof you need.
Obtaining Video Evidence for Your Vermont Premises Liability Claim
Simply knowing that a camera may have recorded your accident is not enough. Video evidence is fragile and can disappear quickly if you do not take the right steps to preserve it. Such footage is one of the most time-sensitive aspects of building your claim.
The Danger of Overwritten Footage
Most security systems are not designed for long-term storage. They often run on a continuous loop, automatically recording over old footage to save storage space. This can happen in as little as 24 hours, though some systems may hold recordings for a week or even a month. The bottom line is that every day that passes puts you at risk of losing the most important piece of evidence in your case.
Using a Spoliation Letter to Preserve Evidence
You cannot simply ask a property owner to save the footage and hope they will comply. A formal, legally recognized request is necessary. A premises liability lawyer in Vermont will immediately send what is known as a “spoliation letter” or a preservation demand to the property owner and any other relevant parties.
This letter officially notifies them of a potential legal claim and demands that they preserve all relevant evidence, including video recordings from the date of your accident. Once they receive this letter, they are legally obligated not to destroy, alter, or delete the footage.
Consequences for Destroying Evidence
If a property owner deletes or records over the footage after receiving a spoliation letter, it can have serious repercussions for their defense. This act is known as the spoliation of evidence. A court may instruct a jury to assume that the destroyed video would have been unfavorable to the property owner. This "adverse inference" can significantly weaken their position and strengthen your Vermont premises liability lawsuit.
How a Vermont Premises Injury Attorney Leverages Video Documentation
Once secured, the video footage becomes a central tool in your attorney's strategy. An experienced Vermont premises injury attorney knows how to analyze the footage and integrate it into a compelling case designed to maximize your recovery.
Constructing a Clear Narrative for Your Claim
Your attorney will use the video documentation from the Vermont accident as the centerpiece of your claim. They will combine it with other evidence, such as your medical records, expert testimony, and witness statements, to build a powerful and persuasive narrative. This complete picture demonstrates to the insurance company not just what happened, but also how the property owner’s negligence has impacted your life.
Proving Negligence Beyond a Doubt
The video can provide undeniable proof of negligence. For example, if the footage shows that a supermarket employee mopped a floor but failed to put up a “wet floor” sign, it is a clear breach of the store’s duty to keep you safe. If it shows a broken handrail that the property owner failed to repair for weeks, it establishes that they had ample time to address the hazard.
Defeating Claims of Comparative Negligence
In Vermont, the doctrine of modified comparative negligence applies to personal injury claims. This means your compensation can be reduced by the percentage you are found to be at fault for your injuries. If you are found 51% or more at fault, you cannot recover any damages at all.
Insurance companies frequently use this defense, claiming the injured person was distracted (e.g., looking at their phone), wearing inappropriate footwear, or should have seen the hazard. Video evidence can be your best defense against such accusations. It can show that you were walking carefully, paying attention to your surroundings, and that the hazard was unavoidable or not easily visible. This Vermont personal injury video evidence can protect your right to full compensation.
Exploring Your Vermont Premises Liability Legal Options
Having solid video evidence opens up several strategic avenues and greatly improves your chances of a successful outcome. It fundamentally changes the dynamics of your case and provides you with more Vermont premises liability legal options.
Enhancing Settlement Negotiations
The vast majority of personal injury cases are settled out of court. When your attorney presents indisputable video evidence to an insurance company, it puts immense pressure on them to negotiate in good faith. An adjuster knows that if the case goes to trial, a jury will find the video highly persuasive. This often leads to a faster and more favorable settlement offer, as the insurer wants to avoid the cost of a trial they are likely to lose.
Providing Decisive Proof in Disputed Cases
Without video, a case can become a "he-said, she-said" situation, where your word is pitted against the property owner's. The defendant may claim the hazard never existed or that you fell for another reason. Video evidence cuts through the confusion and serves as an impartial witness, clarifying disputed facts and holding the negligent party accountable.
What To Do if You Have Been Injured on Someone Else’s Property in Vermont: A Step-by-Step Guide
If you are injured on someone else’s property, the steps you take in the minutes, hours, and days that follow can significantly impact your ability to recover compensation.
- Prioritize Your Health: Your first priority should always be to seek immediate medical attention. This ensures your injuries are treated and creates an official medical record linking your injuries to the accident.
- Report the Accident: Notify the property owner, manager, or an employee on duty as soon as possible. Ask for a copy of any incident report they create.
- Document the Scene Yourself: If you are physically able, use your smartphone to take pictures and videos of the exact location where you were injured. Capture the hazard that caused your fall, the surrounding area, and any visible injuries.
- Identify Potential Cameras: Take a moment to look around for any visible security cameras on the building or neighboring properties. Make a mental or written note of their locations.
- Gather Witness Information: If anyone saw what happened, obtain their name and phone number. Their testimony can support your version of events.
- Decline to Provide a Recorded Statement: The property owner’s insurance company may contact you and ask for a recorded statement. You are not obligated to provide one. Politely decline and refer them to your attorney. They are often searching for information they can use to deny or devalue your claim.
- Contact an Attorney Immediately: The most important step is to consult an experienced premises liability lawyer. They can immediately take action to preserve critical evidence for your Vermont premises liability claim, including sending a spoliation letter to secure video footage before it is erased.
Taking these proactive measures immediately after an incident is essential for protecting your claim. While you can handle some of these steps on your own, securing evidence and navigating the legal system requires professional skill. The most impactful action you can take is to contact a knowledgeable premises liability attorney who can safeguard your rights and manage the complexities of your case, allowing you to focus completely on your recovery.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
If you or a loved one has been injured on someone else's property in Vermont, you do not have to face the legal process alone. A successful premises liability claim often depends on swift action and the ability to secure time-sensitive evidence, like video recordings.
At Brandon J. Broderick, Attorney at Law, our team is dedicated to helping accident victims hold negligent property owners accountable. We understand the tactics that insurance companies use to avoid paying fair compensation, and we are prepared to fight for your rights. Contact us today for a free consultation to discuss your case and learn how we can help you. We are available to assist you day or night.