A picture truly is worth a thousand words, especially when it comes to litigation.
This is even more true when the picture is of nothing at all. That is to say, a picture of the scene of the alleged incident is very helpful when it reveals that there was no hazardous condition or that the condition was blatantly obvious.
Even when a photograph shows that you or your employee is clearly at fault, it can still be very helpful because it allows you and your insurer to properly evaluate the claim and, if necessary, settle it early on before incurring significant attorney fees defending it.
Surveillance footage can also be immensely helpful, although sometimes it requires a little thinking outside of the box. While video of the actual incident may not be available, be sure to ask yourself and your employees:
• Is there video of the plaintiff walking around the premises afterward? This could be used to show the plaintiff was walking without any apparent injury after the incident.
• Is there video of other people successfully navigating the alleged hazard? This could be used to show the alleged hazard was open and obvious.
• Is there video of the hazard coming into existence? Or of employees inspecting the area? If it was just shortly before the incident, this could show a lack of notice.
Plaintiffs often erroneously assume that premises possessors are taping their entire facility and storing all the tapes indefinitely. However, in documenting an incident, the possibility of any surveillance footage existing should always be investigated.
If no video is found to exist, that should also be noted so the plaintiff cannot later complain that you failed to preserve evidence.
If you have any questions about how to document an incident using photographs or video, please contact your attorney to discuss the premise’s unique needs and situation.
Add a comment
Subscribe
RSSTopics
- Premises Liability
- Contractor Liability
- Civil Litigation
- Construction Contractors
- Construction Law
- Property Liability
- Contracts
- Litigation Discovery
- Insurance
- Appellate Law
- Residential Liability
- Fire Claims
- General Liability
- Traumatic Brain Injury
- Motor Vehicle Liability
- Commercial Liability
- Retail Liability
- Water Loss Claims
- insurance policy
- Fraud Activity
- Investigations
- Governmental Immunity
- Commercial Real Estate
- Open & Obvious Doctrine
- Snow & Ice Claims
- Marine Liability
- Maritime Law
- Artificial Intelligence
- Design Defect
- Industrial Liability
- Lost Earnings
- Video Recording
- Defamation
- Open & Obvious
- Risk Management
- Liquor Liability
- Business Risk Management
- Professional Liability
- Negligence
- Independent Medical Examinations (IME)
- Sports-liability
- Alternative Dispute Resolution (ADR)
- Auto Liability
- Bankruptcy
- Intoxication
- Judicial Estoppel
- No Fault Liability
- Trucking Liability
- Wrongful Death
- Real Estate
- FDA Regulations
- Food Law
- Foodservice & Hospitality
- Regulatory Law
- Constructive Notice
Recent Updates
- Appellate Court Faults Construction Company for Halting Work for Nonpayment in Breach of Agreed Upon Contract
- New Scope of Ohio Home Construction Suppliers Services Act Takes Effect
- The Skeptical Brain Injury – How Do You Prepare to Defend it?
- Post-Open and Obvious: What Property Owners Can Do to Protect Themselves
- Lessons in Civil Procedure and Civility from a Surprising Source: Barbie
- ‘Open and Obvious’ Falls, Restoring Focus on ‘Notice’ Defense in Michigan Premises Liability Cases
- Insurance Provider’s ‘Satisfaction’ Maketh the Proof of Loss
- The High Seas and High Risks of Lithium Batteries
- Uniform Trade Practices Act Requires Timely Payment of Property Claims
- Michigan Supreme Court Eliminates 'Open and Obvious' Defense in Premises Liability Cases