Key Defense Approaches To 'Other Similar Incident' Evidence

Law360 (June 30, 2020, 4:51 PM EDT) -- One of the most crucial issues in product liability litigation is the degree to which alleged "other similar incident," or OSI, evidence exists and is admissible at the time of trial. Plaintiffs inherently seek to obtain the broadest possible scope of OSI evidence, and use it to argue that manufacturers knew that other consumers have been injured by their products, in the same way the plaintiff was injured.

If such a showing can be made, it has a significant impact on the jury. But problems arise when plaintiffs try to obtain and use OSI evidence in a manner that is unfair...

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