Goldberg Segalla partner Frank Ramos authored an article that was published by Law.com on the seemingly inevitable future of virtual reality being utilized in trials.

In the article, “Virtual Reality in the Courtroom,” Frank explains that advancements in VR technology combined with the decreasing costs of hardware have made the possibilities of its use in courtrooms more intriguing.

“We can expect more lawyers to seek leave from the Court to have jurors wear VR headsets and experience the parties’ perspective when witnessing a recreation of an accident,” he says.

Frank argues VR will first appear in cases that lend themselves to recreations (auto accidents, premises slip and falls, products, criminal, etc.) and then provides several illustrative courtroom scenarios.

“In a trip-and-fall case, was the hazard open and obvious? Was it really a hazard at all? The jury would be in the shoes of the plaintiff, approaching the alleged danger and deciding whether a reasonable person would have avoided the alleged tripping hazard or tripped and fallen as the plaintiff did.”

But how would the process play out? What would the logistics look like? If a party decides to rely on VR, they would hire an expert to recreate the incident in a process that involves gathering all available evidence, such as photos, videos, and witness statements, and using specialized software to create a 3D model of the scene. The model is then populated with virtual representations of the people and objects involved, and the sequence of events is animated.

“Once the VR recreation is completed, there will undoubtedly be a hearing on its use at trial,” Frank continues. “It is demonstrative, not evidence, but it must be shown to help the fact finder; that it accurately depicts the facts, and that its prejudice does not outweigh its relevance.”

Of course, there are ethical concerns and valid arguments as to why VR’s use should be heavily scrutinized.

“The argument against such a recreation is that it’s too real, too immersive, too intense, and may overcome a juror’s common sense and personal judgment to defer to the experience,” Frank says. “The counterargument is that there is nothing more helpful and accurate than to experience the incident as the parties did and evaluate how a reasonable person would have reacted based on their experience of it.”

As for a potential timeline, Frank says the use of VR in courtrooms is a matter of “if,” not “when.”

“I won’t be surprised to see a trial or two before the year closes where VR is used in a civil trial, with more to follow next year,” he says. “By 2027, it will become commonplace, or at least familiar enough that it will be considered an option by an increasing number of trial lawyers.”

READ THE FULL ARTICLE HERE (SUBSCRIPTION REQUIRED)

MORE ABOUT GOLDBERG SEGALLA’S Frank Ramos:

Frank has dedicated his life to advocating for others. A nationally recognized legal advisor and litigator, Frank has been defending clients in civil litigation for more than 26 years, focusing his practice on retail, product liability, premises liability, trucking, insurance, and commercial disputes. A seasoned litigator, he has taken numerous trials and arbitrations to verdict or award.

Frank uses his extensive litigation experience to provide counsel, defense, and strategic guidance to retailers, developers, restaurants, fitness chains, hotels, resorts and other hospitality businesses. His representation has included negligent security, slip/trip and falls, catastrophic personal injury, trucking and motor vehicle accidents, employment and construction claims, as well as a variety of commercial disputes ranging from intellectual property and breach of contract to bad faith, franchise agreements, and landlord-tenant issues.