In a recent settlement obtained by Hamblett & Kerrigan, the store’s video surveillance recording was essential in reaching the settlement. The plaintiff was injured when she slipped and fell on a wet floor while entering into the defendant’s store. The defendant’s store denied this claim, inaccurately alleging that the plaintiff’s claim was untrue. Within a day or two after the accident, the plaintiff demanded that the defendant’s store preserve the video surveillance recordings. While the defendant’s store refused to produce the video surveillance recording prior to filing suit, they were required to produce it as part of discovery once a lawsuit was filed. The video surveillance recording established that the plaintiff’s version of the incident was accurate and that the defendant’s employees’ version of the accident was inaccurate. After taking the defendant’s employee’s deposition with the use of the video surveillance, a settlement was reached resolving the case.
It is critical that in slip and fall accidents that a prompt and immediate demand be made upon the defendant to preserve all video recordings for a certain time period. It is important to request that the video recordings be saved for a period of time prior to the accident to establish whether customers or patrons had fallen and what was the source of the condition that resulted in the victim’s fall. It is also important to request that video recordings be saved for a time period after the slip and fall in order to determine what efforts, if any, were taken subsequent to the fall.
If you have any questions regarding a slip and fall accident, please feel free to contact an attorney at Hamblett & Kerrigan.
Kevin P. Rauseo is a former director at Hamblett & Kerrigan P.A. and has since been appointed as a Justice for the New Hampshire Circuit Court. Please feel free to contact another attorney at Hamblett & Kerrigan to discuss your legal issues.