Products Litigation: Prior Similar Incidents and Absence of Accidents
Navigating Admissibility and Evidentiary Issues
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will prepare counsel to handle two critical evidentiary issues that arise in product liability trials: (1) strategies for admitting and opposing the introduction of evidence of other incidents involving the same or similar products, and (2) strategies and risks of laying the proper foundation to show the absence of prior similar incidents. The panel will outline effective strategies and discuss the risks and benefits to product manufacturers of collecting incident data before litigation to maximize the chance of favorable rulings.
- Strategies regarding the admission or exclusion of OSI evidence
- Restricting the scope of other incidents through written discovery and responding to requests for disclosure of incidents
- Limiting the relevance of incidents through opposing counsel's experts
- Attacking purported relevance of OSI evidence
- Dealing with OSI at trial
- Strategies to introduce evidence of lack of similar incidents
- Laying the foundation during discovery and at trial
- Countering common objections by plaintiff's counsel
- The basis for the admissibility of evidence regarding the absence of OSIs
- Counseling clients to establish solid recordkeeping procedures
The panel will review these and other key issues:
- What is OSI, and why is it important for the trial or appeal in product liability cases?
- How can product liability counsel use favorable evidence of OSI or the lack of similar incidents to bolster their clients' case?
- What are some best practices for reporting and maintaining records of product incidents that will benefit product manufacturers in the event of future litigation?
Levin Simes Abrams
Ms. Abrams is involved in the firm's product liability and mass tort cases, involving consumer fraud and false... | Read More
Ms. Abrams is involved in the firm's product liability and mass tort cases, involving consumer fraud and false advertising of dangerous or defective products.Close
Randy Edwards, Esq.
Cochran & Edwards
Mr. Edwards is a trial lawyer and primarily handles business litigation, RICO, personal injury and wrongful death and... | Read More
Mr. Edwards is a trial lawyer and primarily handles business litigation, RICO, personal injury and wrongful death and insurance coverage/bad faith cases.Close
Brian J. Perkins
Levin Simes Abrams
Mr. Perkins represents plaintiffs with a concentration in complex pharmaceutical and medical device mass torts,... | Read More
Mr. Perkins represents plaintiffs with a concentration in complex pharmaceutical and medical device mass torts, personal injury, medical malpractice, wrongful death, products liability, sexual abuse and workers compensation.Close