How Can Security Camera Footage Affect Your Premises Liability Case?
When an individual is injured in a slip, trip, fall, or other accident due to unsafe premises, they often file a personal injury claim under Ohio premises liability law. Security camera footage is one of the most critical pieces of evidence in such cases. When available and properly preserved, video evidence can play a significant role in influencing the outcome of a personal injury lawsuit.
At Stachler Harmon Attorneys at Law, we represent individuals who have suffered harm due to dangerous property conditions. Our team collaborates on every case, thoroughly exploring all possible options. Our attorneys take the time to understand your needs and develop a strategy tailored specifically to your situation. Located in Dayton, Ohio, we serve communities in Warren County, Greene County, Clark County, Miamisburg County, Butler County, and Preble County.
In this article, we’ll explain how surveillance footage plays into premises liability claims and what steps are essential for using it effectively.
Premises Liability in Ohio
In Ohio, property owners have a duty to keep their premises reasonably safe for individuals who are legally on their property. This includes customers at a store, tenants in an apartment complex, or visitors to a public building.
When a property owner fails to correct a known hazard or warn visitors of a dangerous condition, they may be held responsible if someone gets hurt. In a personal injury case like this, the injured person (the plaintiff) must prove that the owner knew or should have known about the danger and failed to act.
That’s where security camera footage can be compelling. Footage can support the plaintiff’s claim by showing how long the hazard existed, what actions the property owner took or didn’t take, and how the accident occurred.
For property owners defending against a personal injury claim, video can also help disprove allegations or show that the injured party acted recklessly.
Why Security Footage Matters in a Personal Injury Case
Security cameras are common in retail stores, apartment buildings, parking garages, restaurants, and other public-facing properties. When they're working and properly positioned, they can capture the very incident in question.
A few seconds of footage can eliminate disputes over what really happened. For a personal injury claim involving a fall on a wet floor or a broken stair, for example, a video might confirm the conditions at the time of the accident. If the property owner denies liability, that video can reveal whether the danger was visible and preventable.
Ohio courts accept video footage as evidence, and it often carries a great deal of weight.
That said, not all video footage will favor the injured person’s claim. It may also contradict a person’s testimony or expose inconsistent statements. This is why both plaintiffs and defendants are eager to obtain and review any available footage as early in the case as possible.
Timing Is Everything When It Comes to Video Evidence
Time is of the essence in many premises liability claims. Most security systems automatically overwrite old footage within days or weeks. Without a prompt request for the footage, it could be permanently lost.
Under Ohio civil procedure rules, once a party reasonably anticipates litigation, they’re expected to preserve evidence, including video. If a business fails to retain security footage after receiving a written request or notice of an injury, it may be subject to legal consequences.
That’s why one of the first steps we take in any personal injury case involving property conditions is to send a letter of preservation. This letter demands that the property owner or business secure all video from the date and time of the incident, including footage leading up to and following the injury.
If the business deletes the footage after receiving this notice, it may be considered spoliation of evidence, which can result in sanctions or inferences against the party responsible for destroying the evidence.
What to Do If You’ve Been Hurt on Someone Else’s Property
If you or a loved one is injured in a fall or another premises-related accident, it’s important to act quickly to protect your rights. Surveillance footage can be the difference between a strong personal injury claim and a weak one. Here’s what we recommend:
Report the incident to the property owner or manager right away and request a written report.
Ask if the property is equipped with security cameras and where they’re located.
Request that the footage be preserved and document your request in writing.
Take photos of the hazard and your injuries as soon as possible.
Get the names and contact details of any witnesses.
Seek medical attention and follow all medical advice.
Consult an attorney who understands Ohio personal injury law.
Every step you take after an accident matters. In personal injury cases, early preservation of evidence—including video—is often key to a successful claim. If you wait too long, important footage may be lost forever.
What Video Footage Can Show in a Premises Liability Case
Security camera footage can offer more than just a recording of the actual fall or accident. It can also show the condition of the premises in the hours or even days leading up to the incident.
For example, if a customer slipped on spilled liquid in a grocery store, the video may reveal whether store employees walked past the spill without cleaning it. It can also help establish whether the property owner took any reasonable steps to fix the issue or warn others of the hazard.
In addition, security footage may confirm how the injured person was behaving before the incident. If the defense claims the injury was caused by horseplay or intoxication, video may either support or disprove that argument. We review every second of available footage to understand how it may affect the legal strategy and outcome.
Legal Standards for Admitting Surveillance Footage in Ohio
Ohio courts apply certain rules when determining whether surveillance video is admissible in a personal injury case. The footage must be authentic, relevant, and not unduly prejudicial.
Authenticity often requires testimony from someone who can verify that the footage is genuine and unaltered. For instance, a store manager might confirm that the footage originated from their security system and that it has not been edited.
It’s also important that the footage be relevant to the claims being made. If a video shows people entering and exiting a building but doesn’t relate to the dangerous condition or the incident, it may be excluded. However, if it clearly indicates the hazard, the fall, or events leading up to it, it is likely to be admitted as evidence.
When Surveillance Footage Hurts Your Case
While security footage often supports a personal injury claim, it can also hurt a case. Sometimes, the video reveals that the hazard wasn’t present at the time of the fall or that the injured person was distracted and not watching where they were going.
It may also show that the property owner placed clear warning signs, such as “Wet Floor” cones, that the plaintiff walked past before the accident.
This is why we always review footage with a critical eye. Even when the footage may appear damaging at first glance, context matters. A brief video clip may not tell the whole story. By pairing it with witness statements, maintenance records, and medical documentation, we can present a more complete picture of what occurred.
How Ohio Courts View Liability in Premises Cases
Under Ohio’s modified comparative negligence law, an injured person can still recover damages as long as they aren’t more than 50% at fault for their own injuries.
If the video shows partial fault by the plaintiff—for instance, if they were walking while looking at a phone—that may reduce their compensation but not bar recovery entirely. The court or jury assigns a percentage of fault to each party, and damages are reduced accordingly.
Security footage plays a big part in determining those percentages. That’s why both plaintiffs and property owners take great interest in obtaining it early and preparing to use it effectively.
Why Early Legal Action Matters in Premises Liability Claims
Delays in pursuing a claim can significantly reduce your chance of success. Ohio law gives injured parties two years from the date of the incident to file a personal injury lawsuit. However, by the time you reach that deadline, much of the physical evidence—including surveillance video—may be gone.
Witnesses may forget details, and property conditions may change. The sooner you involve legal counsel, the more opportunity there is to preserve important records and evidence.
Reach Out Today
At Stachler Harmon Attorneys at Law, we use our knowledge of Ohio law to help our clients pursue every available avenue for justice, and we understand the power of video evidence in strengthening a personal injury claim. We're proud to serve Dayton, Ohio, and the surrounding areas of Warren County, Greene County, Clark County, Miamisburg County, Butler County, and Preble County. Call today to schedule a consultation.