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“If it looks like a duck and quacks like a duck, it’s probably a duck.” We’ve all heard some form of the “Duck Test” before. We use the folksy expression when we want to get to the heart of the matter and clearly describe something for what it is.
Surveillance footage is most effective when used to impeach a plaintiff’s credibility as to the extent of his or her injuries. Since the tape is factual, not opinion, it is not subject to traditional credibility attacks, note Rubin and Stempler.
EDITOR'S NOTE: This article is based on the experiences of a well-known retailer that implemented a facial-recognition security camera system. Because of the potential value...