Legal Question in Personal Injury in Arkansas

Private investigator video

The sneaky videotape is a time-honored technique in defending injury cases and it can have devastating effect against a claimant who has not been honest about his injuries; and it can be very distressing to the honest claimant.

I have no idea of the specific regs in your state. From the cases and research I've seen in my state, the general rule seems to be that an investigator is allowed to watch, tape, and testify about anything he can see, which is in plain view from a public area. In other words, if he was trespassing on the plaintiff's property in order to get a vantage point to see through the window, that might provide a basis to object to use of the tape. Certainly the plaintiff's attorney will make a Motion in Limine before trial, to have any mention of this tape or the surveillance kept out of the trial. Whether the court would allow it depends on the law of the state, how wrongful the investigator's conduct was, and many other factors.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.