Q: Subsequent remedial activity. Proving that it happened as supposed to it been there fault
In a mold case if landlord says there was no mold and there is plenty of evidence that the tenant had to move for remediation and pictures of remediation. Can the evidence be used to proof that there was mold in those areas of the apartment or is that excluded. It says you can’t proof negligence with such activity but can you prove that it happened and the extent to which it happened and that you are not making it up? What case law can I bring as en example of this ? Thanks
This is something best posed to a Maryland attorney because it would be governed by state rules of evidence, or state exceptions to Federal Rules of Evidence. However, your post remains open for two weeks. As a general premise, you're correct about the way the rules of evidence generally treat the admissibility of remedial measures; they are not admissible to prove liability. As for case law, if you are not using an attorney, you could run searches in some of the commercial or educational databases out there. Good luck
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