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Posted in Slip and Fall Accidents on March 27, 2026
What are the evidentiary requirements in slip-and-fall cases, and how does surveillance footage help a claim?
Under New York § 6-02 Owner Responsibilities and Liabilities, the law states the following:
“Every owner of property shall take whatever action may be necessary to maintain such property in a clean and sanitary condition and free from the accumulation of debris and litter as would constitute a nuisance…”
A successful claim requires evidence of property owner negligence. Surveillance camera footage often meets the injury victim’s requirement to prove liability through a “preponderance of the evidence.”
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Slip-and-falls are the most common cause of injuries on commercial and private properties. A successful slip-and-fall accident claim recovers compensation for injury-related damages, but first, the injury victim must prove the property owner’s liability. The evidence in a slip-and-fall claim must demonstrate the following:
Although all property owners have a legal obligation to maintain their property and repair safety hazards, commercial property owners with businesses like apartment buildings, hotels, stores, restaurants, amusement parks, and other venues have an enhanced duty of care to invitees—those they invite onto their property for business reasons, including tenants, customers, and patrons.
After suffering a slip-and-fall, the first priority is to call for an ambulance or arrange transportation to an emergency room. However, while waiting, an injured victim or an uninjured companion can use their phone to photograph the cause of the slip-and-fall and any visible injuries. This is the beginning of providing evidence of property owner negligence. If the property has security cameras, an injury victim should do the following:
If the property owner or manager refuses to produce the footage, your NYC premises liability attorney can issue a subpoena compelling them to do so.
The first requirement of a successful claim is to provide clear and concise evidence of the property owner’s liability. If a security camera captured the fall, it may show the hazardous condition, such as a wet floor, spilled debris, torn carpeting, loose floor mat, or other unsafe condition that caused your injury. The footage will also show the fall itself, highlighting how it occurred and the severity of the injury. Additional evidence may include previous footage showing near-falls, previous repair requests, and property maintenance records.
Then, a slip-and-fall claim requires evidence that you suffered damages from the injury. Common damages in slip-and-fall injury claims include medical expenses, lost earnings, pain, and suffering. Evidence of damages includes medical records, medical bills, and employer statements.
An experienced premises liability lawyer is your best ally during the slip-and-fall accident claim process, including during the process of obtaining surveillance camera footage to prove your case.
Contact our law firm today for a free consultation.
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