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The failure of this switch prevented the machine from shutting down,
causing the loss of an arm.
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The photography of items
large and small in product liability cases is more than just documenting
the appearance of a machine or tool from all four sides. The dynamics of
the incident as well as the environment of use are equally important to
take into consideration when making photographs for litigation.
One of the most important
issues to keep in mind is that these photographs, in addition to documenting
the nature and condition of the subject item for preservation purposes,
must also serve as effective testimony aids at the time of trial. Therefore,
it is important to consider how a fact or expert witness might use the
exhibit and include all features and details necessary to help visualize
the anticipated narrative.
Rules and scales
are included where they will assist the viewer in judging the size or
distances that relate to the facts of the case. Close-up and macro-photography
also assist in recording small defects or identification numbers that
can make or break a case. The fact that an emergency stop button is far
out of the reach of the operator of a large machine with hazardous pinch-points
needs to be documented in such a way that the jury will clearly see the
design or maintenance defect that allowed the injury to occur.
Producing a videotape
of the equipment in action can also be of assistance to the fact finder,
especially when the nature of the movements or speed of operation are
at issue.
We generally prefer
to work with the expert, when possible, when doing these types of photographic
inspections to assure that all necessary features and details are shown.
These will be HIS trial exhibits, so the effort needs to be a coordinated
one.