{"id":1762,"date":"2012-11-16T20:58:42","date_gmt":"2012-11-16T20:58:42","guid":{"rendered":"http:\/\/heathinjurylaw.com\/?page_id=1762"},"modified":"2012-11-16T20:58:42","modified_gmt":"2012-11-16T20:58:42","slug":"other-similar-incidents","status":"publish","type":"page","link":"https:\/\/heathinjurylaw.com\/articles\/other-similar-incidents","title":{"rendered":"Other Similar Incidents"},"content":{"rendered":"

Other Similar Incidents<\/strong>, or OSI\u2019s, are an essential part of discovery in many types of cases. While lawyers typically think of OSI\u2019s in product liability cases (cases where a consumer device injures a person), OSI discovery is important in medical malpractice<\/a> cases and other negligence lawsuits.<\/p>\n

Plaintiff counsel<\/a> will have to learn more about each incident to determine if the OSIs are admissible at trial. Evidence of similar incidents may be relevant to prove the defendant\u2019s notice of defects<\/a>, the defendant\u2019s ability to correct known defects, the magnitude of the danger, the product\u2019s lack of safety for intended uses, or causation. Lovett v. Union Pacific R. Co., 201 F.3d 1074, 1081 (8th Cir. 2000). However, before the evidence is admissible, plaintiffs must show that the facts and circumstances of the other incidents are \u201csubstantially similar\u201d to the case at bar. Torbit v. Ryder System, Inc., 416 F.3d 898, 903 (8th Cir. 2005).<\/p>\n

Examples of this discovery includes<\/p>\n