My boyfriend was my only witness to my fall. I was told that if my case goes to trial, my boyfriend's past record may be brought up to test his credibility. Is this true?
This is very similar to a recent post. As stated in the response to that post:
Walmart, like many other big box retailers and major retailers, aggressively defends slip and fall cases; however, an experienced personal injury attorney can present your claim and show that you slipped (assuming this is correct) as a result of a hazard that Walmart was aware of, or should have been aware of, and that you were not aware of and could not have avoided.
Your boyfriend's testimony will add to the overall evidence that your attorney will present to Walmart. Whether or not they want to claim the testimony is biased, they have to take it into account in their assessment of their risk exposure in the case.
Level the playing field by contacting a personal injury attorney as soon as possible.
I have made claims against Walmart on multiple occasions. They almost always have video footage of the incident since they have cameras all over the place. The video would obviously be the best evidence of what happened.
As far as your boyfriend is concerned, he is a biased witness but his testimony as to what he observed is admissible. Ultimately, his credibility would be assessed by the trier of fact; i.e., the jury. Whether or not his "past record" is admissible to impeach him depends largely on what his "past record" was and when it took place.
The question is whether a witness' past record can be used to test credibility. Credibility of a witness is always an issue, and this is an area that insurance attorneys always explore.
Each state has its own rules on determining what is and what is not admissible, depending on the nature of the conviction. This is one of many reasons to retain an attorney if you are serious about your claim.
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