Section 12.15 Absence of Prior Similar Happenings

• Library: Evidence 2017

B. (§12.15) Absence of Prior Similar Happenings

While evidence of the absence of the happening of a similar occurrence is generally inadmissible to rebut proof of a disputed negligent occurrence, under the following exceptions this evidence may be admissible:

1. To rebut a charge of dangerousness of a property condition or of a defect of a product

2. To rebut a charge that the property condition or product deficiency caused the injury or loss at issue

3. To rebut a charge of notice of the existence of a...