How Surveillance Footage Impacts Premises Liability Claims in Pennsylvania

When someone is injured on another person’s property, the details of what happened quickly become disputed. Property owners might say the hazard that caused the injury didn’t really exist, or that they didn’t know about it. In some cases, the injured party might be blamed for the accident. If surveillance footage is available, it can be a powerful tool in shaping what happens next in a personal injury claim.

In Pennsylvania premises liability cases, video evidence can provide an objective record of events. While it can strengthen a claim, it can also present challenges if it is missing, incomplete, or unfavorable. Understanding how this type of evidence works and why timing matters could help you understand how video footage might support or undermine your claim.

Why Surveillance Footage Matters

Unlike witness statements, which can be influenced by memory or bias, surveillance footage captures events as they unfold in real time. Video footage is one of the most persuasive forms of evidence available.

For example, in a slip and fall case, a video may show how long a spill or hazard was present before the incident occurred. This can be important in determining whether a property owner had enough time to discover and address the danger.

In negligent security cases, footage may reveal whether security measures were in place, how staff responded to a situation, or whether suspicious activity occurred before an incident. These details can help establish whether the property owner took reasonable steps to protect visitors.

In either scenario, surveillance footage can help answer key questions, like what actually happened and how. Most importantly, it may help answer the question of whether it could have been prevented.

Establishing Liability Through Video Evidence

Pennsylvania law generally requires injured people to prove that a property owner acted negligently. To prove negligence in many Pennsylvania premises liability cases, the injured person generally has to prove that the property owner created the dangerous condition, knew about it, or should have discovered it through reasonable care, and failed to take timely steps to fix it or warn visitors.

Surveillance footage can directly support (or undermine) this type of claim. If the video shows a hazard sitting unattended for an extended period of time, it might be proof that a property owner failed to conduct reasonable inspections. On the other hand, if footage shows that the condition appeared only moments before an accident, the property owner may say they never had enough time to notice the hazard and attempt to fix it.

Video can also clarify how an injury occurred. It might be able to confirm if someone actually slipped on a wet floor or tripped over a defect. However, it could also be that the injury happened differently than initially believed, and the video may show that evidence, too. As such, surveillance footage often becomes a central piece of evidence in determining liability.

When Footage Contradicts a Claim

While video evidence can support a personal injury claim, it can also raise questions. If surveillance footage shows that the chain of events happened differently than the injured person says it did, it could weaken or even defeat the claim. Let’s say, for example, an injured party says that a hazard was clearly visible and unavoidable, but the video shows them walking while distracted or ignoring warning signs. That evidence could be used against them.

Under Pennsylvania’s comparative negligence rule(opens in new tab), video evidence can be used to argue that the injured person shares some blame. If the injured person is 50% or less at fault, their compensation may be reduced by their percentage of fault. If they are more than 50% at fault, they may be barred from recovering damages.

The Absence or Alteration of Footage

A significant hurdle with surveillance footage is its sometimes nonexistence. Certain businesses employ recording systems that automatically erase footage after a set duration, occasionally within days or weeks. If the video isn’t preserved promptly, it could be permanently deleted.

Even though there are many cameras in use in many places, there’s no guarantee that there will be footage that covers the exact location of the incident. If footage does exist, it could be incomplete. Some systems only record when motion is detected and only record for a specific time frame, like 30 seconds.

Because of these risks, timing is everything. Waiting too long to pursue a claim could mean you lose access to valuable evidence.

Why Acting Quickly Matters

If you believe surveillance footage exists, take action immediately to preserve it. To do so, you can notify the property or business owner that a claim is being considered and request that any relevant video evidence be retained. In legal terms, this would be referred to as a preservation request or spoliation notice. Property owners aren’t required to keep footage indefinitely, but they may have a duty to preserve evidence once litigation is pending or likely and it is foreseeable that deleting the footage would prejudice the injured person’s claim.

Accessing Surveillance Footage

It’s important to understand that an individual isn’t always entitled to immediate access to surveillance footage. Property owners and businesses usually control their own video systems and they may not voluntarily provide copies if you ask for them. Instead, the footage may be obtained through the legal process, like discovery after a lawsuit has been filed. An attorney can help determine the right steps for requesting and securing evidence.

Even if access is not immediate, documenting the existence of surveillance cameras can make a difference later in the case.

How an Attorney Can Help

Premises liability cases involve questions of fault and liability. Surveillance footage may strengthen your claim or create challenges. If you’ve been injured on someone else’s property in Pennsylvania, it’s important to act quickly to protect any video evidence that might exist. At Carmody and Ging, Injury & Accident Lawyers, we are prepared to evaluate your case and help you secure the video evidence you need. We can guide you through the process with clear, experienced representation. Contact us today to schedule a consultation and take the next steps.