Slip and Falls: Turning Video Evidence into Summary Judgment

For business owners in the retail, restaurant, and hospitality industry, slip-and-fall cases, particularly in this long and icy winter, can be a real burden. And while there are many effective ways to combat these lawsuits both practically and legally, one particularly efficient way is with clear video evidence of the incident.

 The United States Supreme Court in the case of Scott v. Harris, 550 U.S. 372 (2007) established that video evidence can be considered undisputed evidence in summary judgment motions, particularly when it contradicts testimony.  As the Court held, “Where, as here, the record blatantly contradicts the plaintiff’s version of events so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a summary judgment motion.” Id., syllabus ¶ b.

As the United States District Court for the Northern District of Ohio explained in ruling on a motion for summary judgment, “When video evidence exists clearly depicting all of the relevant facts, the facts are viewed ‘in the light depicted by the videos.’” Raimey v. City of Niles, 676 F.Supp.3d 547, 554 (N.D. Ohio 2022); quoting Gordon v. Bierenga, 20 F.4th 1077, 1079 (6th Cir. 2021).

Other states have, in the premises liability context, applied Scott and held that video evidence may serve as the basis for summary judgment in the face of a plaintiff’s testimony to the contrary.  For example, in Tolson v. Hyatt Corporation, 2019 WL 6699790, the United States District Court for the Western District of Texas found before it a plaintiff who maintained that she tripped over a cracked tile and sustained injury.  In reviewing video evidence, the Court observed that the injured individual had walked past the cracked tile and lost her balance thereafter:

If there were no video evidence, this testimony might be enough to get a plaintiff to trial. But there is a video of the fall, and it conclusively disproves the Plaintiff’s theory that the cracked tile caused her fall.
Tolson at *3.

What these rulings mean is that a properly-authenticated security video of a slip-and-fall should be used as a central piece of evidence to support a defendant’s motion for summary judgment. If that video contradicts the plaintiff’s testimony about the conditions of the floor, lighting, stairs, or presence of water, the Court need not give weight to any testimony that is not supported, or is blatantly contradicted, by the video. See, State v. Jarosz, 2013-Ohio-5839, ¶ 20 (Ohio App. 11th Dist. Dec. 31, 2013).

As a business owner, or an advisor to business owners, how can we best utilize this information?

• Make sure security cameras are installed and operational in hallways, stairwells, doorways, and all high-traffic areas.
• If a slip-and-fall incident occurs, even prior to any litigation or threat of a claim, retain the video from the incident.
• Know which employee can authenticate the process of retention of the video for affidavit purposes.
• Turn over all relevant videos to your insurer and counsel in full, high-resolution format.
• Ensure that the video is utilized during the plaintiff’s deposition in order to set up any contradictory testimony.

While a picture may be worth a thousand words, a well-shot video may be worth the seven you most like to hear: “Defendant’s motion for summary judgment is granted.”