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Product Liability

 
The failure of this switch prevented the machine from shutting down, causing the loss of an arm.

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.

   

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