The Role of Security Cameras in Washington State Slip and Fall Claims
Every day, thousands of people across the U.S. slip and fall through no fault of their own. We’re talking about shoppers, pedestrians, people visiting their doctors, workers, and more.
Slip and fall accidents don’t always look like much, until you’re the one on the ground. One second, you’re walking through a grocery store or crossing a parking lot. The next, you’re dealing with a torn ligament, a broken wrist, or chronic back pain. And then come the questions, especially if you’re thinking about filing a claim.
Was anyone watching? Is there video footage? What if it’s your word against theirs?
In Washington State, security cameras can play a big role in these cases. But here’s the thing: footage can help or hurt you. It all depends on the details, and whether you know how to use them.
Why video evidence matters in a slip and fall case
You might assume the facts will speak for themselves. You fell. You got hurt. Someone should be held responsible, right? Yes and no.
Property owners and their insurance companies will often push back hard. They’ll say you were distracted. You weren’t watching where you were going. The hazard wasn’t there long enough for them to fix it. Or the floor was wet, sure, but there were signs.
That’s where security footage comes in. A video clip can show:
- The exact moment of your fall
- How long the hazard was present
- Whether warning signs were visible
- What kind of footwear you were wearing
- How employees or others responded after the fall
In short, it helps show exactly what happened in a way that words alone can’t.
What if the video helps them more than you?
It’s possible the footage might not support your claim. Maybe it shows you walking while texting or clearly stepping over a visible hazard. Maybe it captures you getting up, brushing yourself off, and walking away seemingly fine.
Insurance companies love this kind of footage. They can use it to say you weren’t really injured, or that you caused the fall yourself.
But that doesn’t mean you’re out of options. If you’re dealing with an injury that got worse over time, or a video that only tells part of the story, your slip and fall injury lawyer may still be able to build a strong case with medical records, expert opinions, and witness statements.
Who has access to the footage?
Here’s where things get sticky. If your fall happened in a store, restaurant, or apartment complex, the footage probably belongs to the business or property owner. They’re under no obligation to just hand it over unless you take action fast.
In Washington, most businesses only keep surveillance footage for a short time, sometimes just a few days. If you wait too long, it could be deleted or taped over.
That’s why your first call after getting medical care should be to a slip and fall injury lawyer. They can send a legal request (called a spoliation letter) that tells the property owner to preserve the footage. If they destroy it after that, they could face legal consequences, and that can actually strengthen your case.
What if there is no camera or the footage is missing?
Not every corner of every building is under surveillance. And sometimes, the footage exists but conveniently goes “missing” after a fall. That doesn’t mean you’re out of luck.
Here’s what else your slip and fall injury lawyer might use to build your case:
Witness statements
Were there people nearby who saw you fall or saw the hazard before you did? Maybe a store clerk walked past the spill and did nothing. Or another customer warned you just before you slipped. Their statements can back up your version of events.
Incident reports
If you reported the fall to an employee or manager, they probably filled out an incident report. This document is important, especially if it includes details about the condition of the floor, the lighting, or what happened immediately after your injury.
Photos
Did you or anyone else snap a photo of the area? Pictures of the hazard, your injuries, or your clothes (wet or dirty from the fall) can all add context to your claim.
Medical records
Doctors’ notes, X-rays, and rehab logs tell the story your body can’t. They help establish the seriousness of your injury and connect it directly to the accident.
No, video doesn’t guarantee anything, but when it’s available, it can be one of the strongest tools you’ve got.
What to do right after a slip and fall
If you’re injured in a fall and think someone else’s negligence played a role, there are a few steps you’ll want to take, especially if you hope to recover damages:
- Report the incident. Tell someone in charge right away and ask them to document it.
- Ask about video. Don’t demand to see it just yet but ask whether there are cameras in the area.
- Take photos. If you’re able, photograph the hazard and your surroundings.
- Get names. Witnesses can be crucial, even if they didn’t see the actual fall.
- Seek medical attention. Go to the ER, your doctor, or urgent care, even if you think you’re okay.
- Call a slip and fall injury lawyer. The sooner you get legal advice, the easier it is to preserve video and start building your case.
Can businesses use your own footage against you?
Let’s say you had a GoPro running, or you captured part of the incident on your phone. In theory, this can help your claim, but it can also work against you if it contradicts other evidence.
The same goes for social media. Posting that you’re “fine” a day after the fall (even if you were just trying to stay positive) could be used to downplay your injuries.
Bottom line: think twice before sharing anything. Once a claim is in motion, the other side will be watching closely.
So where does this leave you?
Slip and fall cases aren’t always as simple as they seem. They often hinge on small details, like whether a floor was cleaned 10 minutes ago or 10 hours ago. Whether a “Caution: Wet Floor” sign was placed 1 foot away or 10. Whether security footage shows carelessness or compliance.
That’s why having a slip and fall injury lawyer matters. They know what to look for, how to secure video evidence, and how to challenge the story the other side wants to tell.
If you’ve suffered a serious fall on someone else’s property in Washington, don’t go it alone. At Philbrook Law, we’re here to help you uncover the truth, hold the right people accountable, and fight for the compensation you deserve.
Contact us today for a free consultation with an experienced slip and fall injury lawyer.
Founding Attorney Matthew Philbrook attended Clark College, Washington State University, and Gonzaga University School of Law. He is a member of the Washington State and Oregon State Bar Associations and started Philbrook Law in 2005. He specializes in Personal Injury, DUI and Criminal Defense cases. Learn more about Mr. Philbrook.