Section 8.11 Premises Liability and Real Estate

• Library: Sources of Proof (2014 Ed.)

2. (§8.11) Premises Liability and Real Estate

In a slip-and-fall case or similar litigation involving the condition of such things as buildings, sidewalks, swimming pools, or land, it is helpful to have photographs. This is particularly true if there is an alleged defect in design or construction. In Hosto v. Union Electric Co., 51 S.W.3d 133, 139–40 (Mo. App. E.D. 2001), a death case stemming from an electrocution, photographs were used to demonstrate the difficulty of seeing the location of electrical lines. If measurements are of significance, a ruler, yardstick, or other device may be included in the photograph to give a proper perspective.

In Sheil v. T.G. & Y. Stores Co., 781 S.W.2d 778, 782 (Mo. banc 1989), a slip-and-fall case, photographs were admitted of store aisles with objects in them. In another case, the fact that part of a fallen fence, which the plaintiff fell on while mowing grass, was not visible in photographs of the scene had a bearing on the issue of whether the condition was open and obvious. Eide v. Midstate Oil Co., 895 S.W.2d 35, 43 (Mo. App. W.D. 1995).

Photographs have also been used to show that a defective condition existed for long enough to impart constructive notice. See Briggs v. Kansas City S. Ry. Co., 925 S.W.2d...