Expert Witness Blog

Hydrologic engineering expert witnesses may write reports on underground and surface waters including storm drains, water-related geologic hazards, environmental site assessments, and related topics.

Hydrologic engineers frequently work with environmental engineers in consulting firms that advise and help businesses and government agencies to comply with environmental policy, particularly with regard to groundwater decontamination and flood control. They also conduct research on sources of pollutants and make recommendations on how best to clean and preserve the environment.

Hydrologists utilize their observations of hydrologic processes to make predictions of the future behavior of hydrologic systems (i.e., water flow and water quality). These estimates are important for engineers and economists so that proper risk analysis can be performed to influence investment decisions in future infrastructure projects and to determine the yield reliability characteristics of water supply systems. These estimates also are key in designing dams for water supply or hydroelectric power generation and formulating operating rules for large dams that are part of systems that include agricultural, industrial, and residential demands.

Public storage security experts may opine on self-storage managers, public storage vandalism, miniwarehouse break-ins and related topics. In Preventing Crime and Acts of Terrorism in Self-Storage: Using Products and Services Approved for the SAFETY ActJason Benedict, Iveda Solutions writes:

Theft, vandalism, graffiti, break-ins, employee safety, destruction of property, and lawsuits are all common concerns among self-storage owners and operators. Although there are many precautionary measures available and in use today, unlawful and criminal activity seems to lurk around every dark corner, pushing self-storage facilities to advance toward high-tech security.

In self-storage, security is progressing far beyond the traditional tools, gaining strength through products or services approved by the U.S. Department of Homeland Security. In fact, the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 (the SAFETY Act) even provides liability protection to promote the creation, deployment and use of anti-terrorism technology. Simply put, if your facility uses Act-approved products and services, you’re given some protection against liability in the event of malicious or criminal acts.

Process service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual for professional process servers.

A Notary Public, whether employed in a process serving business, or not, must adhere to the state laws regarding Notary Publics within the jurisdiction where he or she has been commissioned. These duties and obligations transcend other duties that may be assigned by an employer.

Content A proof or affidavit of service must accurately state the date, time, place, and manner of service, and any additional information that would reflect how delivery of process or other legal document was made to a person or entity served. When required, a proof or affidavit of service should also reflect the description or relationship of that person to the person or entity served, and the military status of the person served.

In PRESERVE THE PHYSICAL EVIDENCE!, electrical expert witness Roger L. Boyell, writes:

As soon as you believe a legal action might be initiated, take pains to preserve whatever physical evidence may be relevant. Send in an investigator, take many photographs, expedite the discovery process. Alteration or disguise of potential physical evidence need not be on purpose. Damage gets repaired, defects are corrected during routine maintenance, new features and devices are incorporated in machinery, apparatus undergoes corrosion and decay. Copies are not always exact replicas. Computer records can be overwritten with no intent of spoliation.

The lesson is to promptly identify and preserve whatever evidence might later become useful for presentation in the forum: equipment, photographs, test results, written records, videotapes, lab samples. Physical evidence never improves its usefulness to litigation with the passage of time.

Federal motor carrier safety regulations expert witnesses may opine on the trucking industry,trucking and transportation rules and regulations, truck maintenance, and related topics. In Fatigue Study Provides Basis for 34-Hour Restart Proposal Oliver B. Patton writes for truckinginfo.com:

The 34-hour restart gives daytime drivers a chance to catch up on their rest, but it does not work as well for night drivers. In fact, it may even be detrimental to driver performance.

That’s the conclusion of a study the Federal Motor Carrier Safety Administration is using to justify its proposal that the restart include two periods of rest between midnight and 6 a.m. The proposal is a point of strong contention between the agency and the industry, which is arguing that the two-night requirement will force night drivers to take as much as 53 hours off, possibly away from home, and begin their shifts during morning rush hour when exposure to accident risk is higher.

Liability policies expert witnesses may testify regarding insurance loss claims, insurance policy coverage, liability policies, and related topics. In The Insurer’s Duty to Defend: A Quick Analysis, attorney Thomas H. Veitch, partner with the law firm of Langley & Banack, Inc. in San Antonio, writes:

A duty to indemnify is based on whether the alleged facts are actually established; for example, a ruling of the court or the findings of the jury.

If an insurer owes a duty to defend any portion of the suit, the insurer is obligated to defend the entire suit.

Insurance expert witnesses may opine on insurance loss claims, insurance policy coverage, automobile insurance rates, and related topics. Here, Insurance.com writes on on 2011 car insurance trends including:

Mileage-based insurance

Companies will continue to offer discounts and incentives in 2011 – such as a premium refunds or diminishing deductibles to existing consumers who remain claim-free, says Ryan Hanley, an insurance broker with the Guilderland Agency in Albany, N.Y. “Pay as you drive” insurance policies are among the discount plans most likely to grow in popularity next year. These policies offer drivers a premium based primarily on the number of miles they drive each year. This can lead to big savings for people who drive relatively few miles.

In PRESERVE THE PHYSICAL EVIDENCE!, electrical wiring expert witness Roger L. Boyell, writes:

As soon as you believe a legal action might be initiated, take pains to preserve whatever physical evidence may be relevant. Send in an investigator, take many photographs, expedite the discovery process.

Any delay allows potential evidence to be altered or disguised, as in the following real-world examples.

Pesticide expert witnesses may write reports and testify on pesticide contamination, insecticides, and pesticide products. The EPA regulates the use of pesticides under the authority of two federal statutes: the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides the basis for regulation, sale, distribution and use of pesticides in the U.S. FIFRA authorizes EPA to review and register pesticides for specified uses. EPA also has the authority to suspend or cancel the registration of a pesticide if subsequent information shows that continued use would pose unreasonable risks. Some key elements of FIFRA include:

* is a product licensing statute; pesticide products must obtain an EPA registration before manufacture, transport, and sale * registration based on a risk/benefit standard * strong authority to require data–authority to issue Data Call-ins * ability to regulate pesticide use through labeling, packaging, composition, and disposal * emergency exemption authority–permits approval of unregistered uses of registered products on a time limited basis * ability to suspend or cancel a product’s registration: appeals process, adjudicatory functions, etc.