Photographs are often used in Buffalo premises liability cases to show the condition of the area where the injured person fell. If you have photographs, you should share them with your lawyer.
While not all photographs are admissible in court, it is usually not too difficult to have a photograph admitted as evidence in a civil case.
Generally, a photograph is admissible in court if it fairly and accurately depicts the condition of the area of the accident as it existed at the time of the accident. To have such a photograph admitted as evidence, it is not even necessary to have the person who took the photograph testify regarding its content. Instead, all that is needed is for any witness who observed the location at the time of the injury, such as the injured party, to testify that the photo fairly and accurately depicts the location at the time of the accident.
When a photograph is taken shortly after an accident that shows an open and obvious defect that would have existed for a substantial period of time, it may be used in court as proof that the party responsible for maintaining the property should have been aware of the defect. In this case, there must be testimony that the defect pictured was substantially the same as the one that caused the injury. Photographs taken long after the injury occurred are not admissible for this purpose.
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