Also known as: physical conditions
Written by attorneys · grounded in primary & secondary sources — see below
A person's bodily state or an object's tangible attributes and state of repair or alteration.
Select any source to read its text and confirm it supports the definition.
Patrick Phan sued his former employer for back injuries sustained on the job. The defense moved for an order requiring Patrick to undergo an orthopedic evaluation by a board-certified physician. The court granted the motion after finding Patrick's claimed spinal condition directly in controversy.
Piper Patel told her coworker during lunch that her knee was throbbing and swelling after slipping on a wet floor. At trial the coworker repeated the statement to prove Piper's immediate physical sensations. The court admitted the testimony under the then-existing physical condition exception.
Philip Powell leased a warehouse for his logistics business. He installed additional loading docks and reinforced the concrete floor to accommodate heavier trucks. The landlord sued for unauthorized alterations, but the court held the changes were reasonably necessary for Powell's legitimate use of the premises.
Pamela Phillips borrowed a neighbor's vintage motorcycle for a weekend ride. She repainted it bright pink and replaced the engine with a modern unit, fundamentally changing its character. The neighbor sued for conversion, and the court held the material change in physical condition created liability.
Paige Porter purchased a home from Paragon Construction under a contract promising the roof would remain leak-free for two years. After closing, leaks appeared. The court held the covenant concerning the physical condition of the property did not merge into the deed and remained enforceable.
Pearl Porter discovered intruders dismantling her storage shed. She used force to stop them after determining they would cause substantial structural damage before she could request they leave. The court found the threatened harm to the physical condition of the property justified her actions.
A party's physical condition is in controversy when the claim or defense directly places the party's bodily state at issue, such as allegations of personal injury or disability. The rule requires good cause and notice before ordering an examination. Courts apply the standard case-by-case based on the pleadings and discovery.
Supporting sources
No. The exception covers only statements describing the declarant's then-existing physical condition, not statements of memory or belief offered to prove a past fact. A statement made hours or days later about how an injury occurred falls outside the exception.
…367. [^maj-13]: An additional impediment to the detection of such influences by participants, including the suspect, is the physical conditions often surrounding the conduct of the lineup. In many, lights shine on the stage in such a way that the suspect cannot see the witness. See Gilbert v. United States , 366 F. 2d 923 (C. A.…
…to be considered include the length, location, and continuity of the interrogation, and the suspect’s maturity, education, physical condition
…testimony as to their own mental processes may be received is doubtful, but the affidavits here were admissible to prove the physical conditions
…wife's affidavits, and in the case of a deceased miner, other appropriate affidavits of persons with knowledge of the miner's physical condition
…or noncoercive context in which the admissions were made; i.e., the spontaneity or responsive nature of the statements, the physical conditions
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A tenant may make changes reasonably necessary for a reasonable use of the leased property. Permanent alterations are permissible when they are proportionate to the tenant's legitimate business or residential needs and the lease does not prohibit them.
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Liability arises when the actor intentionally destroys the chattel or so materially alters its physical condition that its identity or character changes. Minor repairs or cosmetic changes do not meet the threshold. The alteration must effectively create a different item.
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Merger extinguishes contractual promises that relate to title because the deed is presumed to contain the final expression of those obligations. Covenants concerning physical condition address matters outside title and therefore remain independently enforceable after closing absent clear contrary intent.
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Force is justified when a request to desist would be useless or dangerous and substantial harm to the physical condition of the property will occur before the request can be made. The actor must reasonably believe the threatened damage is imminent and serious.
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