I recently completed a trial against Walt Disney Parks and Resorts, Inc. The liability issue was surrounding whether a Pirates of the Caribbean boat was a slip hazard because the anti-slip surface was worn and there was water in the bottom of the boat. By the time I took the case another attorney had handled it and precious time had elapsed. The jury found that Walt Disney was not negligent. So after talking to some of the jurors that stayed to discuss the trial after their verdict I learned that the jury wanted an examination of the boat my client slipped in, soon after the incident. We couldn’t provide that, as two years had passed when I became involved in the case.
What we were able to show the jury was that when our expert examined two of the Walt Disney boats he ound areas of the boat floors that were slip hazards. The floors had a build up grime, dirt, food remnants and a black substance that appeared to be mold or algae. Our expert testified that the grime, dirt, food and algae filled in the sharp edges of the non-slip surface. When that non-slip filled in with grime and was combined with worn non-slip and water it is a slip hazard, based upon the low coefficient of friction caused by the condition.
We had photos, test results from a tribometer (it measures the coefficient of friction) and even photos of the condition of the actual boat that my client slipped in, which were taken by a friend’s cell phone. The photos were not high quality because of the lighting and the type of cell phone used.
One of the jurors after the verdict asked, why we didn’t have the grime analyzed to make sure it was mold or algae. Well our expert explained in the trial he did not have it analyzed but it was the presence of the substance that made the non-slip hazardous and a slip hazard. It did not matter whether it was mold, algae or just an accumulation of grime. The boats are only pressured washed once a year and they never have algaecide or other cleaners applied to the floor.
This is called the CSI Effect. Jurors watch shows like CSI and expect lab results and testing, even when that testing they are requesting in deliberations (after the evidence has been presented at trial) is not really a relevant issue in the trial and case.
So how does this affect my case? Well if you have bruises, cuts or other visible signs of injury, then you need to document them with photographs and/or video. You should always have a camera or a phone with a camera when you drive. If you are in a collision and after you have made sure everyone is out of immediate danger, then you should take photographs and video of the scene. The position of the cars after the collision, even in a rear end collision can provide invaluable evidence that you may not be able to prove conclusively with testimony alone. And because of the CSI Effect, jurors want a high level of evidence if you case goes to trial. That photographic and video evidence is also very effective when we present your claim to the other side’s insurance adjuster.
Don’t get CSI’ed. Document all injuries, all evidence, car damage, the position of the cars after the collision, skid marks, glass and other debris in the roadway, record witness statements via audio recording or write down the facts and have the witness sign with their name, address and telephone number. A good attorney will try to collect as much evidence as she can, but many times it is just too late. So do the best thing for your self and document everything.