• Home
  • Attorneys
    • John K. Zaid
    • Ryan E. Bill
    • Sarah C. Cloud
    • Kashif M. Mehmood
    • Antonio Cabrera Jr.
    • Danielle R. Garcia
    • William W. Reade III
    • Jerry W. Mason
    • Shelby L. Huffman
    • Dane A. Dennison
    • Jacob E. Mustafa
    • Jennifer Parker
    • Eduardo Diaz Kosturakis
    • John M. O’Banion II
    • Sammy O. Homsi
    • Arthur Rosas
  • Types of Injuries
    • Birth Injury Lawyer Houston
    • Brain Injury Lawyer Houston
    • Burn Injuries Lawyer Houston
    • Catastrophic Injuries Lawyer Houston
    • Dog Bites Lawyer Houston
    • Medical Malpractice Lawyer Houston
    • Maritime Injuries Lawyer Houston
    • Nursing Home Abuse Lawyer Houston
    • Premises Liability Lawyer Houston
    • Product Liability Lawyer Houston
    • Wrongful Death Lawyer Houston
  • Types of Accidents
    • Aviation Accidents Lawyer Houston
    • Construction Accidents Lawyer Houston
    • Car Accident Lawyer Houston
    • Motorcycle Accidents Lawyer Houston
    • Train Accidents Lawyer Houston
    • Truck Accidents Lawyer Houston
  • Testimonials
  • Blog
  • Contact Us
    • Privacy Policy
    • Locations
FREE CASE EVALUATION
JKZ Houston Auto Accident Attorney Logo

281-333-8959

Hours of Operation: Monday - Sunday

Avvo
JKZ Houston Auto Accident Attorney Logo
MENU
  • Home
  • Attorneys
    • John K. Zaid
    • Ryan E. Bill
    • Sarah C. Cloud
    • Kashif M. Mehmood
    • Antonio Cabrera Jr.
    • Danielle R. Garcia
    • William W. Reade III
    • Jerry W. Mason
    • Shelby L. Huffman
    • Dane A. Dennison
    • Jacob E. Mustafa
    • Jennifer Parker
    • Eduardo Diaz Kosturakis
    • John M. O’Banion II
    • Sammy O. Homsi
    • Arthur Rosas
  • Types of Injuries
    • Birth Injury Lawyer Houston
    • Brain Injury Lawyer Houston
    • Burn Injuries Lawyer Houston
    • Catastrophic Injuries Lawyer Houston
    • Dog Bites Lawyer Houston
    • Medical Malpractice Lawyer Houston
    • Maritime Injuries Lawyer Houston
    • Nursing Home Abuse Lawyer Houston
    • Premises Liability Lawyer Houston
    • Product Liability Lawyer Houston
    • Wrongful Death Lawyer Houston
  • Types of Accidents
    • Aviation Accidents Lawyer Houston
    • Construction Accidents Lawyer Houston
    • Car Accident Lawyer Houston
    • Motorcycle Accidents Lawyer Houston
    • Train Accidents Lawyer Houston
    • Truck Accidents Lawyer Houston
  • Testimonials
  • Blog
  • Contact Us
    • Privacy Policy
    • Locations
TEXT USTAP TO CALL
John
Thursday, 31 March 2022 / Published in Uncategorized

Using Other Similar Incidents Evidence in Your Case

At a trial in a civil case, one common question jurors have is, “what kind of record does the defendant have in dealing with the problem at issue in this case?” 

The question of whether the parties will be able to discuss the prior history of the defendant can be complicated, and to a large degree, it will depend heavily on the trial judge’s discretion in determining if other similar incidents (OSIs) will be admissible at trial. Our friends from The Babcock Law Firm, P.C. has provided some insight on OSI evidence in your case.

First of all, a plaintiff has to gather such evidence in the discovery process.  One method may be through informal discovery and open records requests or Freedom of Information Requests to government agencies.  Using the formal discovery process in litigation, a plaintiff can expect the defense may stonewall them and resist turning over such evidence willingly.  That is because it can be very damaging evidence, at worst showing a pattern of ignoring a problem where people are getting hurt or killed, with the company doing little or nothing to correct the problem.  If the defense won’t produce this evidence willingly, the plaintiff will have to ask the court to order the production of such evidence with a motion to compel.  The court should order the production of such evidence, as discoverability and admissibility are separate concepts and should not be conflated (as the defense may try to do).

Once you get the evidence, what do you do with it?  It depends on the case, but consider interviewing and deposing law enforcement about the OSIs, deposing corporate representatives about them, and think about whether the evidence may affect the opinions of the experts in your case.

When can such evidence actually be considered by the jury at trial?   It can be admitted when it goes to issues of notice, foreseeability, a duty to fix or otherwise address the problems at issue, or warn of the danger.

What if the similar incidents post-date the injury at issue in your trial?  The issue can be more fraught.  In some cases, that evidence can come in to show feasibility of a repair, causation, control or ownership, or for impeachment purposes.

In seeking the admissibility of OSI evidence, expect a hard fight and a skeptical judge.  A trial lawyer should be prepared to show the court substantial similarity between your case and the OSIs, and be prepared to go on the offensive to get the Court to consider the issue well in advance of trial.  This is not an issue that you are going to want to raise in the middle of trial, or expect to do so effectively in most cases.  Instead, well before the trial date, ask for an evidentiary hearing on the admissibility of OSI evidence.  Keep in mind that the evidence does not have to be identical, but it is going to need to be “substantially similar.”  And it will be up to the trial court to determine what comes into trial and what will not, and just how similar the evidence will need to be.  

 

author avatar
John
See Full Bio
Tweet
Pin
Share
0 Shares

What you can read next

How Long Do I Have to File My Case in Houston?
A Landlord’s Responsibilities in Houston Slip and Fall Accidents
Houston Personal Injury Claims Against the Government

Categories

  • Birth Injury
  • Brain Injury
  • Burn Injuries
  • DWI
  • Legal Advice
  • Medical Malpractice
  • Motor Vehicle Accidents
  • Motorcycle Safety
  • Personal Injury
  • Premises Liability
  • Product Liability
  • Scholarships
  • Truck Accidents
  • Uncategorized
  • Wrongful Death
Request Free Consult

Start here and we will contact you within minutes.

JKZ Houston Auto Accident Attorney Logo

Clear Lake | Webster Tx

16951 Feather Craft Ln
Houston, Texas 77058
Fax: 888-734-1236

Phone: (281) 333-8959

Houston Texas Heights

933 Studewood St., 2nd Floor
Houston, TX 77008

Local: 281-326-9988

 

Avvo

 

Deer Park Texas

4504 Center St.
Deer Park, TX 77536

Local: 713-322-6222

Houston Texas 

4920 Irvington Blvd, Suite B
Houston, TX 77009

Local: (281) 335-4949

Personal Injury Attorney

3411 Richmond Ave. STE 700.
Houston, TX 77046

Local: 281-990-4131

Personal Injury Lawers

17225 EL Camino Real # 115
Houston, Texas 77058

Local: 281-990-4137

© COPYRIGHT 2022. ALL RIGHTS RESERVED.  John K. Zaid & Associates. Powered by  F.P.R NETWORKS

Privacy Policy

We are a team of expert lawyers specializing in various areas including car, auto, personal injury, birth, nursing home abuse, wrongful death, motorcycle accident, construction accident, brain injury, burn injury, dog bite, and truck accident cases, serving clients in both Deer Park and Houston, TX with dedication and excellence.

TOP CLICK TO CALL NOW