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'No prior accidents' claim does not prove safety, says Third Circuit.

Publication: Trial
Publication Date: 01-JAN-06 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
A trial court should not have allowed testimony suggesting no previous accidents had occurred involving a piece of machinery implicated in a products liability action, the Third Circuit has ruled.

"Testimony concerning an alleged absence of prior accidents, if offered without a proper foundation, can create risks of unfair prejudice that may substantially outweigh whatever probative value the evidence otherwise has," Circuit Judge D. Brooks Smith wrote for the court. (Forrest v. Beloit Corp., 424 F.3d 344 (3d...

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