Opinion evidence can be a tricky issue in Buffalo personal injury lawsuits. Generally, the law in New York State is that witnesses are limited to testifying to the facts, not their conclusions based on those facts or their opinions.
As a result, a witness may be barred from stating that they consider a parking lot to have been “poorly maintained.” They may, however, offer testimony regarding the condition of the parking lot as they observed it – such as whether there were potholes, cracks or other hazards within the parking lot. The logic behind this rule is that the witness should not be allowed to substitute his or her opinion for the jury’s own opinion regarding the facts of the case.
There are, however, several exceptions to the general rule that opinion testimony is not admissible. The most frequently encountered exception is the “expert” exception. The expert exception allows a witness who has been trained in a specific field to offer an opinion if that opinion would help clarify an issue beyond the technical expertise of the average juror.
There are also exceptions made for the opinions of non-expert witnesses. These exceptions are usually tied to the difficulty that often arises in describing something without expressing an opinion. For example, descriptions of things and people are often intrinsically tied to an opinion about what they looked or acted like, and such testimony will often be admitted by the court.
If you have suffered a personal injury and have any questions regarding this topic, please feel free to call us at 716-542-5444.
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