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Prior Incidents

  • By: Jeffrey Shaw, Esq.
  • Published: October 5, 2018

Not very often. But, automatic exclusion by a Judge is not always the right legal ruling. Usually this topic comes up when clients ask if I can mention other similar trips or falls on the defendant’s property that occurred before our incident at an upcoming trial. The most common situation involves “another fall” involving a different person who fell on the same day — often overheard by my client from store employees. When I try to explain that other falls and prior incidents are difficult to allow a jury to hear, I am often met with quizzical looks from my clients. I try to explain the success of being able to mention a prior slip and fall to a jury…Read More

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