One of the things that has changed the most since I started practicing law two decades ago is the prevalence of surveillance video in tort cases. Given its influence on litigation, it’s important for both plaintiffs and defendants to understand its limitations and how it can lead to misunderstanding rather than illumination of the incident. There is no question that surveillance video can be absolutely key evidence used by both sides to try to prove their case. It cannot be ignored by either side, and what the jury believes the video shows can determine how they decide the case. This article examines the potential problems encountered while working with surveillance video in litigation. It also looks at case examples and presents two animations that are a good example of a cross between the “real evidence” of surveillance video, and demonstrative evidence that helps fill in the gaps.
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