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Other Similar Incidents

Fairfax Injury Lawyer Brien Roche Addresses Other Similar Incidents

Brien Roche

The concept of duty has been addressed elsewhere on this site on the Premises Liability page.  Although other similar incidents (OSI) doesn’t necessarily serve as the source of a duty that is owed, it may define the extent of the duty.

Other Similar Incidents:Frequency or Severity

Other similar incidents become relevant either because of their frequency or their severity.  That is, if they’re frequent but minor, they may be relevant.  If they’re severe, they may be relevant.  By “severe” I mean producing severe injury.

Factors

Some courts have held that for other similar incidents to be admissible, there are a number of factors to look at. First of all, the product or premises must be similar.  Next the defect must be similar.  In addition the defect in the other incidents must have been a cause of injury.  Finally the plaintiff must reasonably exclude other factors as being the cause.

In any negligence case the extent of the duty or the amount of care must be in proportion to the risk.  That risk may be defined by frequency or severity as stated above.

Safe Design Reduces Danger

Evidence of other similar incidents or lack thereof may be relevant.  It may be relevant to show that the defendant knew of the risk and therefore had to exercise a greater degree of care.  In the alternative, it may be used to show that a safer design in fact eliminates the other similar incidents.  That is, the lack of other similar incidents where there is in fact a safer design may show that the alleged defective design is in fact a defect.  This would show how effective the alternative design is.

In a trucking case, the absence of accidents where the truck driver trainer is sitting alongside the trainee and is fully awake may be relevant.  That is, in that circumstance the number of accidents is considerably reduced.  In the alternative when the trainer is asleep, the number of accidents may go up dramatically.  This difference may be evidence of the increased risk.

Two Edged Sword

The point to be driven home is that OSI can truly be a two-edged sword.  It can be used to show not only the degree of care that should be used but also to show causation.  The prevalence of OSI may prove the risk.  The absence of OSI may prove that the safe design advocated by the plaintiff eliminates the risk.

For more info on this subject contact us.
Also for more info on injury claims see Wikipedia.

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Other Similar Incidents

Fairfax Injury Lawyer Brien Roche Addresses Other Similar Incidents

Brien Roche

The concept of duty has been addressed elsewhere on this site on the Premises Liability page.  Although other similar incidents (OSI) doesn’t necessarily serve as the source of a duty that is owed, it may define the extent of the duty.

Other Similar Incidents:Frequency or Severity

Other similar incidents become relevant either because of their frequency or their severity.  That is, if they’re frequent but minor, they may be relevant.  If they’re severe, they may be relevant.  By “severe” I mean producing severe injury.

Factors

Some courts have held that for other similar incidents to be admissible, there are a number of factors to look at. First of all, the product or premises must be similar.  Next the defect must be similar.  In addition the defect in the other incidents must have been a cause of injury.  Finally the plaintiff must reasonably exclude other factors as being the cause.

In any negligence case the extent of the duty or the amount of care must be in proportion to the risk.  That risk may be defined by frequency or severity as stated above.

Safe Design Reduces Danger

Evidence of other similar incidents or lack thereof may be relevant.  It may be relevant to show that the defendant knew of the risk and therefore had to exercise a greater degree of care.  In the alternative, it may be used to show that a safer design in fact eliminates the other similar incidents.  That is, the lack of other similar incidents where there is in fact a safer design may show that the alleged defective design is in fact a defect.  This would show how effective the alternative design is.

In a trucking case, the absence of accidents where the truck driver trainer is sitting alongside the trainee and is fully awake may be relevant.  That is, in that circumstance the number of accidents is considerably reduced.  In the alternative when the trainer is asleep, the number of accidents may go up dramatically.  This difference may be evidence of the increased risk.

Two Edged Sword

The point to be driven home is that OSI can truly be a two-edged sword.  It can be used to show not only the degree of care that should be used but also to show causation.  The prevalence of OSI may prove the risk.  The absence of OSI may prove that the safe design advocated by the plaintiff eliminates the risk.

For more info on this subject contact us.
Also for more info on injury claims see Wikipedia.

Contact Us For A Free Consultation

Contact Us For A Free Consultation