Other similar incident evidence consists of prior claims, complaints, warranty reports, or lawsuits involving the same or a substantially similar product. It may be offered to establish the manufacturer's notice of a hazard, the existence of a defect, or causation.
Admissibility requires substantial similarity, and the threshold is applied more strictly when the evidence is offered to prove defect than when offered only to show notice.
Alternative Names:
Other Similar Incidents, Prior Similar Incidents
Why it Matters?
This evidence is among the most damaging available to a plaintiff because it converts a single accident into a pattern the manufacturer knew about and tolerated, which is the foundation of punitive damages. Discovery into complaint databases and warranty records is heavily contested for that reason. The defense argument centers on dissimilarity in circumstances, product configuration, and use conditions.
Frequently Confused with
Related terms
Frequently asked questions
What makes another incident substantially similar?
Are complaint databases discoverable?
