In New York and across the U.S., property owners must ensure the safety of others. Issues such as a wet floor, hazardous condition and a lack of repair can cause injuries and even death. After an accident, those who were hurt have the right to seek compensation in a legal filing. However, in some cases, there is a dispute about evidence, making it necessary to appeal to higher courts.
A Pennsylvania woman who was injured when she fell in a grocery store was successful in her appeal and will receive a new trial. The woman slipped on a wet floor, aggravating previous injuries to her hip and back. When her attorney contacted the store to ask for the surveillance video, much of it had been overwritten.
The request was for video recordings of six hours prior and three hours after the woman fell. Instead, the store provided 37 minutes before and 20 minutes after the fall. The plaintiff asserted that this was an attempt to tamper with evidence. A civil court ruled in favor of the store. The plaintiff appealed and the Superior Court of Pennsylvania determined that the store should have retained the evidence. With the extended video, it might have shown how the floor got wet. It could have indicated that workers adhered to proper safety procedures, benefiting the defense.
Suffering an injury due to negligence when walking in a store is an unexpected occurrence. When there is an accident that results in injuries, the property owner is likely to fight a legal claim. With medical expenses, lost income and long-term damage from slip-and-fall accidents, it is important for a victim to have legal advice, especially if an appeal is necessary to gather evidence. Calling for a consultation with a premises liability attorney may be helpful to recovering victims.