In A Look at Art Experts’ Liabilities John Dratz Jr. discusses the appraisal and valuation expert witness’s role in authenticating and appraising works of art.
A thriving international art market has led to an equally robust industry of art authenicators and appraisers. But as recent court cases illustrate, people holding themselves out as such experts may face liabillty under an increasing number of theories when their opinions are challenged…
The most common theory on which to base a case against an art authenticator or appraiser is negligence. Such claims require proof that the defendant failed to provide a reasonable level of care to a plaintiff to which it was owed. This duty could arise from a contractual relationship between the plaintiff and the authenticator or appraiser in a number of different situations.
Excerpted from California Lawyer, November 2007