Proof of prior accidents is usually admissible in Buffalo personal injury lawsuits. This evidence is admissible in most cases because it is relevant to whether a condition was dangerous and to whether the defendant was aware of the condition.
There are, however, certain facts that must be established before a court will allow evidence of prior accidents to be admitted at trial. Generally, the plaintiff must show that the condition that caused the plaintiff’s fall and the condition that caused the prior accident are substantially the same. A prior accident at the same location caused by a different problem would not be admissible.
Of course, the flip side of this is that in many cases, the defense will seek to present evidence of the absence of prior accidents. This evidence is also admissible at trial so long as it pertains to the specific location of the accident and to the condition which allegedly caused it.
Proof of a subsequent accident caused by the same condition may also be admissible. While it does not offer any proof regarding whether the defendant was aware of the condition prior to the plaintiff’s earlier accident, it is evidence that the condition that caused the plaintiff’s injury was dangerous.
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