Getting A Clean Safety Record Into Evidence In Calif.

Law360, New York (August 11, 2009, 5:06 PM EDT) -- During trial of a product liability case, the admission of evidence of the safety history of the product at issue can be incredibly persuasive to the jury.

Since 1974, it has been settled law in California that evidence of other similar incidents (“OSIs”) involving an allegedly defective product are admissible to prove defect.[1]

The only foundational hurdle for plaintiffs who seek to admit this evidence is to establish that the circumstances surrounding the OSIs are sufficiently similar to the subject incident as to make them relevant...
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