See also: ACCIDENT REPORTS; BUSINESS RECORDS; OFFICIAL RECORDS AND REPORTS
PUBLICATIONS.

As Hearsay

An accident report would ordinarily be excluded as hearsay unless they fall within an exception.{footnote}Hynes v. Coughlin, 79 F.3d 285 (2d Cir. 1996)(prison guard’s incident report did not satisfy "present sense impression" exception because guard did not witness beginning of incident and there was no evidence report was contemporaneous).{/footnote}

As Business Records

Even where a report has been admitted under the business records exception, statements by third parties not under any business duty to provide information which are contained in the report are inadmissible.{footnote}United States v. Snyder, 787 F.2d 1429, 1434 (10th Cir. 1986)(inmates’ statements recorded in investigating officer’s report properly excluded);{/footnote}  See also ACCIDENT REPORTS; BUSINESS RECORDS.

Other Incidents

In an suit by a hotel guest against a hotel for inadequate security, incident reports relating to other attacks on guests were held admissible where there were similarities to the attack on the plaintiff.{footnote}Anderson v. Radisson Hotel Corp., 834 F. Supp. 1364 (S.D. Ga. 1993).{/footnote}