Comment by fc417fc802

You could see that as a lack of detail of the problem as posed. Alternatively it's a breakdown when applying it as an analogy.

Time critical scenarios are one possibility.

In a safety critical scenario intermittent sensor failure might be possible but keep in mind that consistent failure is too.

A jury scenario is presumably one of consistent failure. There's no reason to expect that an intentional liar would change his answer upon being asked again.