Prior incident evidence includes earlier falls, injuries, or complaints at the same location or involving the same condition. Admissibility generally requires substantial similarity in circumstances.
It may be offered for notice, dangerous condition, or both.
Alternative Names:
Prior Incidents, Similar Prior Occurrences
Why it Matters?
Prior incidents convert a single accident into a known and tolerated hazard, which is why incident reports, insurance loss runs, and complaint records are the first documents requested. The substantial similarity requirement is where admissibility is contested, and the threshold is applied less strictly when the evidence is offered for notice than for dangerous condition. A pattern at the same location with the same mechanism is difficult to exclude.
Frequently Confused with
Related terms
Frequently asked questions
What makes prior incidents admissible?
Where is the evidence found?
