Legal Definitions - physical fact

A physical fact refers to an objective truth or an event that can be verified through direct observation, measurement, or tangible evidence in the material world. It pertains to things that exist or occurred physically, rather than subjective states of mind, beliefs, or opinions. In legal contexts, physical facts are often crucial because they provide concrete, verifiable evidence.

Here are some examples illustrating the concept of a physical fact:

• Example 1: A Traffic Accident Investigation

  Imagine a scenario where two cars collide at an intersection. The police investigation would focus on establishing various physical facts. These might include the exact location of the vehicles after impact, the length and direction of skid marks on the pavement, the specific damage sustained by each vehicle, or the presence of debris on the road. These are all physical facts because they are observable, measurable, and tangible elements that objectively describe the scene of the accident, providing concrete evidence of what physically occurred.

• Example 2: A Construction Defect Claim

  Consider a homeowner suing a contractor for defects in a newly built house. Physical facts in this case could include the visible crack in the foundation wall, the measured sag in a roof beam, photographs showing water damage from a leaky pipe, or a building inspector's report detailing non-compliant wiring. These are all physical facts because they are observable conditions or measurable deficiencies in the physical structure of the house, providing objective proof of the alleged defects.

• Example 3: A Dispute Over Stolen Goods

  In a case involving the theft of merchandise from a store, physical facts could include security camera footage showing an individual removing items without paying, the absence of specific items from the inventory records that were present before the alleged theft, or the discovery of the stolen goods in the possession of a suspect. These are physical facts because they are tangible records (video), verifiable discrepancies (inventory), or observable possessions (stolen items) that objectively demonstrate the occurrence of the theft and the subsequent location of the goods.