How Video Evidence Can Strengthen a Slip-And-Fall Claim in South Carolina

Slip-and-fall accidents can happen anywhere—grocery stores, restaurants, parking lots, or apartment complexes. For the injured person, proving what happened and why it happened is often the most difficult part of a personal injury case. This is where surveillance footage can make a significant difference. In South Carolina, video evidence has become an increasingly important tool in slip-and-fall claims, often serving as the deciding factor between a denied claim and fair compensation.

Why Slip-And-Fall Cases Are Hard to Prove

Slip-and-fall cases fall under the category of premises liability. The injured party must show that the property owner or manager was negligent in maintaining a safe environment. Specifically, they must prove that:

• A dangerous condition existed.

• The property owner knew or should have known about it.

• The hazard was not addressed in a reasonable amount of time.

• The hazard directly caused the fall and resulting injury.

Proving all of this can be complicated, especially when there are no witnesses or when the injured person is blamed for the fall. Without supporting evidence, these cases often come down to one person’s word against another’s. That’s why video footage can be so valuable.

How Surveillance Footage Supports a Claim

Video recordings can confirm the exact circumstances that led to the fall. They may show a spill that was left unattended for too long, a torn rug that wasn’t fixed, or poor lighting that made a hazard hard to see. Footage may also reveal whether warning signs were present or if employees walked past the hazard without taking action.

In many cases, surveillance footage can:

• Establish the timeline of events.

• Show the condition of the area before and after the fall.

• Capture the fall itself and its immediate aftermath.

• Confirm how long the hazard was present.

• Refute or support statements made by staff or property owners.

This kind of visual documentation adds a layer of objectivity to a case. It helps attorneys build a stronger argument by providing concrete proof of negligence or carelessness.

Getting Access to the Footage

One of the biggest challenges in using video evidence is gaining access to it. Most commercial properties, including big box stores, gas stations, and apartment buildings, have security cameras. However, this footage is usually owned and controlled by the property owner or their management company. They are not legally required to preserve or share it unless they receive a formal request—usually in the form of a spoliation letter.

A spoliation letter is sent by an attorney on behalf of the injured person. It asks the business to preserve all relevant footage related to the incident. If sent promptly, this letter can prevent the business from deleting or overwriting the footage, which often happens automatically after a set number of days.

Timing is critical. If too much time passes before the footage is requested, it may no longer exist. This is one reason why it’s important to contact a personal injury lawyer as soon as possible after a slip-and-fall.

When the Footage Helps—and When It Doesn’t

Not all surveillance footage helps the injured party. In some cases, the video may show that the fall happened for reasons unrelated to negligence, such as the person being distracted or walking carelessly. Even so, reviewing the footage is still important, because it allows your attorney to evaluate the strengths and weaknesses of the case.

It’s also worth noting that some properties may not have surveillance cameras at all, or the cameras may not have been functioning properly at the time of the incident. In other situations, the footage may not clearly show what happened due to poor angles or low resolution. While these factors can limit the usefulness of video evidence, they don’t necessarily mean a case cannot succeed. Other forms of evidence—such as witness statements, incident reports, medical records, and photographs—can still play a strong role.

Legal Implications of Withheld or Destroyed Footage

South Carolina courts do not take kindly to intentional destruction of evidence. If a property owner deliberately erases or refuses to turn over footage after receiving a spoliation letter, it may be considered “spoliation of evidence.” This can lead to serious consequences in court, including sanctions or an instruction to the jury that they may infer the missing footage would have been unfavorable to the defendant.

This legal leverage encourages property owners to act in good faith. Still, injured individuals should not wait to take legal action. Early involvement by an attorney ensures that the right steps are taken to secure any available evidence before it disappears.

How a Lawyer Uses Video in a Case

Once obtained, surveillance footage becomes a critical part of the case strategy. Personal injury lawyers may use it during settlement negotiations to show insurance adjusters that the claim is well-supported. If the case goes to court, the footage can be presented as evidence in front of a judge or jury to illustrate the events as they happened.

Attorneys may also work with video experts to enhance the footage if it is blurry or dark. In some situations, multiple camera angles from different locations on the property can be pieced together to create a more complete picture of the incident.

Why Prompt Legal Help Matters

Slip-and-fall accidents can lead to serious injuries, including broken bones, head trauma, and long-term mobility issues. These injuries often come with significant medical costs, time away from work, and reduced quality of life.

If you’ve been injured in a fall on someone else’s property in South Carolina, seeking legal guidance quickly is essential. A personal injury attorney can evaluate your situation, send out a spoliation letter, request footage, and build a claim based on all available evidence.

Conclusion

At our firm, we understand how challenging it can be to prove a slip-and-fall claim without solid evidence. That’s why we move fast to secure video footage and other records that can support your case. If you were hurt in a fall on unsafe property in South Carolina, our team is here to help you understand your options and fight for fair compensation.

Don’t let time work against you. Contact us today to schedule a free consultation with a skilled slip-and-fall lawyer who can guide you every step of the way.