Conducting a Site Inspection
A site inspection is a part of the discovery process in litigation when parties inspect premises that may be relevant to a lawsuit. Site inspections often occur during personal injury cases so that parties and their attorneys can have a solid understanding of the place where a personal injury incident occurred. However, site inspections may be relevant to real property disputes, commercial matters, and other types of cases. There are a few things that you should keep in mind when conducting a site inspection.
Equipment
It is important that attorneys and other parties have the proper equipment when conducting a site inspection. One of the most basic tools of a site inspection is measuring tape. It is oftentimes important to determine how tall or far apart items are on premises, and this can be readily discerned by using tape measure. In certain situations, laser measuring tools and other devices might be needed to make precise measurements during site inspections.
The other important tools when conducting a site inspection is a means to take photographs. Oftentimes, photos can be taken on a regular smartphone, especially if the smartphone has an effective camera. However, many attorneys and other attorneys take photos with dedicated digital cameras so that they can potentially take better photographs. In addition, if you need to videorecord a process or other aspect of the premises, it is important to have a reliable videorecording device. Site inspection notices may require parties to specify the tools that will be used during a site inspection so parties should be explicit with the instruments they will use during the site inspection.
Document Everything
Another thing to keep in mind when conducting a site inspection is that you should document everything. Parties oftentimes do not have a second chance to conduct a site inspection of the same premises at a later point in the litigation. Accordingly, individuals performing site inspections should be thorough and ensure that they have all of the information and materials they need to make their case.
As a result, individuals performing site inspections should not be afraid to take numerous pictures about matters big and small. Moreover, it oftentimes makes sense to use measuring tapes in photographs so that individuals at a later time can get a sense of the dimensions involved in spaces. In addition, it might make sense to photograph premises from different angels so that people can get a varied perspective of the premises that are being inspected.
Producing Materials
It is important to keep in mind when conducting a site inspection that all of the photographs and videos that are taken at a site inspection often must be produced to the other side of litigation. Generally, parties need to produce all materials that are relevant to a claim or defense in the case, and this includes materials associated with a site inspection. As a result, individuals should make sure that photographs look professional so that they will be appropriate for use later in the ligation. In addition, parties may not wish to take completely unnecessary pictures at a site inspection so they can minimize the amount of materials they need to produce to the other side in litigation.
Hiring an Expert
When conducting a site inspection, it is sometimes important to hire an expert and have that person accompany the person conducting the site inspection. Some cases involve technical aspects that might require the assistant of an engineer, architect, or other professional. Lawyers can sometimes take photographs themselves and show them to experts for their use later. However, it is oftentimes best to have the expert actually visit premises to be examined themselves so that they personally can take photographs and get a better sense of the premises. In some instances, it makes sense for the attorney to hire an expert to photograph or record parts of premises during a site inspection. The complexity of a case and the issues involved with determine whether an expert needs to be hired and whether they should participate in the site inspection in some way.
Uses of Site Inspection Materials
Photographs and video recorded after conducting a site inspection can be useful for a number of purposes in litigation. Primarily, site inspections may allow the parties to get a better sense of the premises involved in litigation, and this can help them frame their claims and defenses. In addition, materials are also valuable during depositions, the time before trial when parties answer questions under oath. Witnesses can be shows pictures in order to frame questions and have focus about the topics that are discussed at depositions. In addition, site inspection materials are important at trials so that the factfinder can ascertain information that is relevant to a lawsuit. In order to have the biggest impact possible, site inspection materials must be clear so that there is no confusion about the subject matter they depict.
The Rothman Law Firm is experienced in conducting a site inspection in commercial cases, personal injury matters, and other types of lawsuits. We are also familiar with the objections and other issues that commonly arise when conducting a site inspection. If you are looking for an experienced New York and New Jersey attorney to handle your site inspection or other legal issue, please feel free to contact The Rothman Law Firm to request a free consultation.