CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - THURSDAY, OCTOBER 9, 2025

A Lesson from the Criminal Courtroom to Construction Contractors About Videos and Photos

Worker taking video with cell phone

The same principles that make video evidence persuasive in a courtroom apply equally on the jobsite.

September 30, 2025
Matthew DeVries - Best Practices Construction Law

Yesterday, the Sixth Circuit issued its opinion in Feagin v. Mansfield Police Department et al (Sept. 11, 2025), which involved an excessive force claim by a criminal defendant. Following his conviction for firearm and drug trafficking charges, the defendant sued the officers alleging claims of “excessive force” and the denial of “adequate medical care” in violation Fourth and Eighth Amendments.

How is this relevant to my construction dispute, Matt? Stick with me. The appellate court’s opinion started like no other opinion I have read:

“Advancing technology reaches every corner of society. The law is no exception. Consider, on this front, the advent of portable recording devices, from those attached to the body (body cams) to those placed on a vehicle’s dashboard (dash cams).... The court system has especially benefitted from these advancements. Whereas encounters with law enforcement historically had to be understood through witness recollections alone, video now captures key aspects of the engagement, if not the entire event itself. According to one recent study, video evidence has resulted in cases being decided more quickly, with fewer disputed facts....

Mr. DeVries may be contacted at mdevries@buchalter.com


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