Results of Tests and Experiments
An issue that frequently arises in personal injury litigation is when and to what extent the results of tests and experiments are admissible.
A personal injury plaintiff who slipped on ice on a sidewalk, for example, may offer tests and experiments done by experts to show that water frequently collects in freezes in the area where she fell. A man injured by a hydraulic jack that failed may offer expert testimony to show that the jack failed to perform properly in tests done by the expert.
In 2007, Roger T. Creager wrote and published a comprehensive article addressing the admissibility of this type of evidence and testimony. See Roger T. Creager, “Tests and Experiments Not Admissible Unless Substantial Similarity Is Shown,” The Journal of the