• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

The Babcock Law Firm

Denver personal injury and accident lawyer

(303) 683-5033 FREE CONSULT 4600 S Ulster St.
Suite 800, Denver CO 80237
  • Our Firm
    • Our Mission
    • Injury Attorney Profiles
    • How Representation Works
  • Practice Areas
    • Workers’ Compensation / Work Injuries
    • Car Accidents
    • Truck Accidents
    • Motorcycle Accidents
    • Drunk Driving Accidents
    • Pedestrian Accidents
    • Slip and Falls (Premises Liability)
    • Bad Faith Insurance
    • Wrongful Death
  • Reviews
  • News
  • Resources
    • COVID-19
    • Scholarships
  • Blog
  • Contact
Denver Personal Injury Attorneys (Home) / Blog / Premises Liability / Video Surveillance Makes Proving Liability Much Easier

Video Surveillance Makes Proving Liability Much Easier

In a slip & fall or some other type of personal injury case, having video surveillance footage of your injury makes it much easier to prove liability.

Consider the case of Julie, who went shopping a week before Christmas at a busy mall.

While getting off an escalator at the mall, Julie slipped and fell forward, using her right hand to brace herself as she hit the ground. Immediately after the fall, Julie felt pain in her right hand and was unable to get up. Witnesses immediately alerted mall security and an incident report was filed. Julie declined to be taken to a doctor but in the middle of the night, pain in her hand and arm was so severe her husband took her to the emergency room.

After a few X-rays, doctors determined Julie had broken her arm and wrist and bruised her pelvis. Surgery was scheduled where a plate was placed in her wrist and pins were placed in her arm so the bones would fuse back together. While the surgery was a success, Julie had to undergo 5 months of physical therapy.

It was soon learned some spilled soda at the base of the escalator caused Julie to slip and fall.

According the surveillance footage of the area, the slip hazard was there for about 2 hours before Julie’s fateful fall. Additionally, the footage showed no mall personnel had taken steps to either remove the hazard or warn shoppers of the danger.

From a liability perspective, the owners and managers of the mall failed in their duty to inspect their premises, warn shoppers of any dangers or take steps to remove the danger. Therefore, the mall’s owners and managers are liable for Julie’s medical expenses.

The mall’s property management company carried an insurance policy for such incidences and immediately admitted liability and offered Julie $5000. However, it was later determined her surgery cost $25,000 and physical therapy an additional $10k. $5000 would have barely made a dent.

A year following the accident, Julie hired a personal injury attorney who requested a settlement of $140,000. A counter-offer was eventually made in the amount of $35k and then another counter-offer for $125k was requested.

Considering the big difference between these amounts, a trial seemed inevitable. Since the two-year statute of limitations was nearing, Julie’s attorney filed a lawsuit.

On the first day of the trial, the judge ordered all parties to make one final effort at negotiation in order to avoid a lengthy, costly trial. After 6 hours of negotiation, all parties involved settled on $75,000 – $50k of which was to be paid by the management company and $25k to be paid by the mall’s owners.

If you’ve been injured in a place that has video surveillance, you can request footage of the incident during settlement negotiations. If the owner of the premises refuses or otherwise fails to provide the footage, you will have to file a lawsuit and subpoena the footage as evidence.

And remember – there CAN be more than one party at-fault in a premises liability/slip & fall case. In Julie’s case, it was determined both the property management company and mall owners were at fault. Often times, defendants of this nature will delay making a suitable offer betting that the plaintiff doesn’t have the resources to carry their complaint through a lengthy trial.

Premises liability attorneys in Denver at the Babcock Law Firm help individuals like Julie obtain the compensation they need to pay for medical expenses, lost wages and pain and suffering. If you’ve sustained an injury like Julie’s and are finding difficulty in obtaining compensation, contact us today for a free case evaluation.

Primary Sidebar

Categories

Personal Injury
Practice Areas

Car Accidents Truck Accidents Motorcycle Accidents Drunk Driving Accidents Pedestrian Accidents Workers' Comp / Work Injuries Slip & Falls (Premises Liability) Insurance Disputes Wrongful Death

Resources

Blog Contact Us Firm News

Footer

Client Testimonials Read All Reviews

Highly Recommend
"I can highly recommend the Babcock Law firm. They were very attentive, answered all of my questions and then took care of everything. I had nothing to worry about except getting better. The results were far better than I had expected. Thanks to them, I can now get on with my life."
Jack
Great Team
"The Babcock Law firm handled my case with great expertise. They were very informative and helpful. They are a team that really care about their clients and fight to make sure their clients are treated very fairly. I would highly recommend them to any one in need of a workers' comp attorney."
Leon
Outstanding Job
"The Babcock Law Firm did an outstanding job of representing me. I had never been involved in a work related injury case, so I had no idea what to expect. Mack and his staff did a great job of providing information and protecting my rights every step of the way..."
JC
Association Badges
Association Badges

Schedule your free consultation with our attorney

No cost – No commitment

(303) 683-5033
The Babcock Law Firm
Denver Workers' Compensation Lawyer and Personal Injury Attorney Mack Babcock
4600 S Ulster Street, Suite 800 Denver, CO 80237 United States

Personal Injury
Practice Areas

  • Car Accidents
  • Truck Accidents
  • Motorcycle Accidents
  • Drunk Driving Accidents
  • Pedestrian Accidents
  • Workers' Comp / Work Injuries
  • Slip & Falls (Premises Liability)
  • Insurance Disputes
  • Wrongful Death
  • Colorado Springs Workers’ Compensation

Resources

  • Blog
  • Firm News

Free eBooks

  • Colorado Workers' Comp Guide
  • Colorado Car Accident Guide

Our Firm

  • Firm Mission
  • Attorney Profiles
  • Practice Areas
  • Contact

    Facebook    Twitter    Blog

The Babcock Law Firm: Colorado Enjuris Partner Attorney
More
  • Home
  • About Us
  • Contact
  • Privacy Policy
  • Legal Disclaimer & Terms of Use
  • Reviews
© 2023 The Babcock Law Firm. Colorado law firm for workers' compensation, car accidents & personal injury. Serving all of Colorado and the Denver metro area from our Denver law office law firm internet marketing by SEO Advantage®