18 Nov 6 Ways Video Surveillance Camera Footage Can Protect Your Business in the Courtroom
Whether you run a restaurant or retail store, a self-storage facility or a school, video security cameras are a vital tool for ensuring the safety of your customers, employees, and assets. However, video surveillance cameras are more than just a deterrent against theft or vandalism—the security footage they provide can also play a pivotal role in lawsuits, helping businesses win cases or avoid costly settlements. Here are six of the most common lawsuits and legal matters businesses face as well as how video surveillance cameras can (and have) helped them win their cases or secure favorable outcomes.
1. Proving Liability in Slip-and-Fall Cases
One of the most common lawsuits businesses face involve slip-and-fall incidents. Customers or employees may claim injury due to unsafe conditions on the premises, which can lead to costly settlements if the business is found liable. Video surveillance footage can provide clear evidence of the circumstances leading up to the incident, showing whether proper safety protocols were followed or if the individual contributed to the situation through their own negligence.
For example, in Sturdivant v. Target Corp., footage from video surveillance cameras showed that the spill resulting in the customer’s injury was caused by another customer, not the company, and had only happened five minutes prior to the plaintiff’s fall, which the court ruled was not adequate time for the company to notice and respond.
2. Supporting Claims in Workplace Harassment or Assault Cases
In cases involving harassment, assault, or discrimination in the workplace, surveillance footage can serve as crucial evidence to support or disprove allegations. For instance, if an employee claims they were harassed by a coworker, security footage may provide an unbiased record of the interactions between them, allowing the court to see the events as they actually occurred.
Video evidence can be a powerful way for businesses to ensure that claims are addressed fairly and prevent wrongful accusations from causing reputational and financial harm. Additionally, knowing that cameras are present can serve as a deterrent to inappropriate behavior among employees, creating a safer work environment for all.
3. Documenting Vandalism and Theft
According to the Council on Criminal Justice, shoplifting has increased 24% in the last year. Attaching security tags and other theft prevention devices to products can reduce theft, but the same tools employees use to remove them from purchased merchandise can be obtained and used by thieves as well. In February of 2024, Salt Lake City police arrested three individuals on charges of stealing an estimated $10,000 in merchandise from a series of retail stores. The suspects are also accused of using tools to remove theft protection security measures. Without security tags to prove the merchandise had been stolen, the retailer might have trouble proving their claims, but security footage from their video surveillance cameras shows the suspects concealing merchandise while in the store.
Vandalism is another crime plaguing businesses and can lead to costly repairs and product loss. The presence of video surveillance cameras can not only deter vandals in the first place, but in lawsuits related to property damage, security footage can be indispensable for identifying perpetrators and proving the extent of the damages incurred. This is especially important when a business needs to recover costs from the individuals responsible.
If a business can’t recover costs from the thief or vandal, insurance claims may be filed. Should a dispute arise with an insurance company about the legitimacy or value of a claim, footage from security cameras can provide objective evidence, increasing the likelihood of a successful claim resolution.
4. Demonstrating Compliance with Health and Safety Regulations
In heavily regulated industries, such as food service or manufacturing, businesses are required to follow strict health and safety protocols. In the event of a lawsuit or regulatory investigation, video footage can demonstrate that the business adhered to required safety practices, enforced protective gear requirements, or ensured a workplace was hazard-free. This type of evidence can be critical for dismissing false claims or reducing liability.
For example, in Mendez v. Wal-Mart Stores E., LP, video surveillance systems showed a Wal-Mart employee performing routine safety inspections at regular intervals. When a customer slipped on an unseen spill, the court ruled in Wal-Mart’s favor, noting that they had “a reasonable inspection procedure” in place.
5. Resolving Disputes with Customers
Customer disputes can arise over issues ranging from payment disagreements to allegations of poor service. Video surveillance footage allows businesses to present an accurate account of the incident in question, which can be invaluable in defending against false claims. Moreover, in cases where a customer behaves aggressively or threatens staff, video evidence can support the business’s actions in enforcing store policies or even banning problematic individuals from the premises.
6. Protecting Against False Workers’ Compensation Claims
Workers’ compensation fraud can be a significant issue for businesses, leading to increased premiums and financial loss. Video footage can be instrumental in proving or disproving the legitimacy of injury claims.
For example, when a piece of an overhead fire sprinkler fell at Cinque Terre Energy Partners, LLC, an employee claimed it bounced off her desk and struck her in the forehead. She filed a claim for compensation, but footage from the video surveillance cameras told a different story–the employee had picked the piece up from where it fell on her desk, made sure no one was looking, then struck herself in the forehead with it. Because of the video evidence, no fraudulent claim was paid out, and the dishonest employee was arrested.
In cases where an employee was truly injured on the job, surveillance footage can show the extent of their injury, which can be helpful in assessing the validity of a claim and determining an appropriate compensatory response.
Tips for Using Surveillance Footage in Legal Cases
You don’t know when your business might be sued or face legal allegations. To make sure your video security cameras can provide the evidence you need, keep the following tips in mind.
- Ensure High-Quality Video: In many cases, video quality can make or break its effectiveness in court. Investing in high-resolution cameras that capture clear details is essential.
- Time-Stamp Footage: Ensure that all cameras are synchronized with accurate time-stamps which add credibility and make it easier to establish the sequence of events.
- Store and Backup Footage Properly: Having a secure storage solution for video files ensures footage is available when needed and can withstand scrutiny in court.
- Know Local Laws: Understanding state and federal laws around video surveillance, including where cameras can be placed and how footage can be used, can help avoid potential legal issues.
Whether you run a construction company, a car dealership, a cannabis dispensary, or any other business, video surveillance is not only a deterrent against unwanted activities but a powerful tool in protecting against legal risks; it offers an unbiased, real-time account of events which can be far more compelling than witness testimony alone. From resolving liability disputes to supporting insurance claims, investing in high-quality video surveillance cameras and a proper data storage solution through a trusted provider like Zions Security Alarms can help you stay protected and prepare for whatever comes your way.
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