Expert Witness Blog

Licensed engineers expert witnesses may write reports and testify on engineering document responsibility, professional engineers, design reviews, and correlated matters. In Client Expectations of Perfection, The American Council of Engineering Companies (ACEC) Risk Management Committee writes:

Negligence vs Errors and Omissions

One major aspect of this problem is the term errors and omissions.” Clients know design professionals purchase professional liability insurance, which to the client should cover any deviation that could be deemed an error or omission. But, clients do not attach the term “negligent” to qualify an “error or omission.” Clients argue any deviation that has caused a loss or cost is an “error or omission” and the design professional needs to be monetarily accountable, regardless of the actual responsiveness of the insurance policy. (Professional liability insurance policies typically have significant deductibles and exclude coverage for warranties, penalties, liquidated damages, and other liabilities design professionals assume by contract alone.)

Professional engineering expert witnesses may write reports and testify on engineering document responsibility, licensed engineers, design reviews, and correlated matters. In Client Expectations of Perfection, The American Council of Engineering Companies (ACEC) Risk Management Committee writes:

Design professionals are required by law to meet the existing standard of care in the performance of their professional services. Many clients have elevated expectations of performance to a level beyond the legal definition of standard of care; to the extent it is becoming more common for clients to expect design professionals to produce “perfect” deliverables. This is evident in both public and private contracts in which clients request or demand contract terms that: 1) establish an unreasonably high standard of care; 2) indemnify the client for anything connected with design services; and/or 3) require any and all “deficiencies” be corrected at no cost to the client.

Read more: acec.org.

Digital screen media expert witnesses may opine on video files, media formats, media players, and associated matters. The Digital Screen Media Association offers a glossary at http://www.digitalscreenmedia.org/glossary including:

Back channel – a data communication from which a media player exchanges information with a network management server. The back channel communications include content and playlist download, playback and system log upload, remote system control, etc.

Read more: digitalscreenmedia.org.

Truck driver qualifications expert witnesses may write reports and testify on driver training, driver experience, and affiliated matters. In The Large Truck Crash Causation Study, the Federal Motor Carrier Safety Administration Office of Research and Analysis reports:

Driver critical reasons are coded in four categories:

* Non-Performance: The driver fell asleep, was disabled by a heart attack or seizure, or was physically impaired for another reason.

In After the Storm…(but before the cleanup starts) arborist expert witness Russell E. Carlson, RCA, BCMA, writes:

As a consulting arborist, I have been called on many cases long after the trees have been cut up and hauled away, and asked to reconstruct the “scene of the crime.” When there is just a bare patch of soil and a 10-year old picture of the bottom part of the tree, it is difficult, if not impossible, to determine why a tree failed, or what it may have been worth. Sometimes it isn’t even known who removed the tree. You may be called on to perform or help with the investigation. This kind of record keeping can make the process much easier.

By documenting the case before the tree is removed, you may be saving your customer a lot of headaches, and a lot of trouble. You may be saving them a lot of money, too. The time it takes to investigate a tree damage case can actually decrease as more information is available, and the results are more accurate and defensible. So take a few minutes to make some notes, take some pictures, and properly document the damaged tree. The time you spend will be well worth it to your client. Make this a routine part of your service for your customers, and they will be glad they hired you as their arborist.

Insurance carriers expert witness Alan F. Shirek, AFS Risk Consulting International, advises on the obligations of Insurance industry custom and practice. He writes:

Unfortunately, errors and omissions are not the sole purview of the agent or broker. Often, it is the carrier that has erred in its duty to the insured. The relationships between and among the placing agent or broker, the insurance carrier or carriers, both primary and excess, and the expectations of the insured party are sometimes in conflict. In such cases, testimony as to the customary practices within the insurance industry can assist in the resolution of disagreements between the parties.

Trucking accidents expert witnesses may write reports and testify on crashworthiness, truck maintenance, hours of service, and associated matters. In The Large Truck Crash Causation Study, the Federal Motor Carrier Safety Administration Office of Research and Analysis reports:

Coding Crash Causation Variables

Many variables were coded from the hundreds of data elements collected on each crash. Three key variables were coded for assessing crash risk: