Expert Witness Blog

In Apartment Security and Litigation: Key Issues, criminalistics expert witness Daniel B. Kennedy writes on the nature of premises liability litigation in an apartment setting:

Criminologists and security specialists are very important in premises liability for negligent security litigation (Kennedy and Homant, 1996). Although the role of criminologists and security specialists in litigation has been criticized (Godwin and Godwin, 1984; Ingraham,
1987), it is often difficult to present or defend a premises liability case without the presentation of testimony by an expert. For example, before a duty even arises, a judge must be convinced that a given crime was foreseeable; that there was a reasonable likelihood or an appreciable chance that victimization would occur (Homant and Kennedy, 1994). Information to that effect can be presented through a criminologist who analyzes prior crime patterns at a location or in its surrounding neighborhood. The principle here is that the best way to forecast future crime at a location is to examine prior crime at a location. A criminologist may also examine certain land uses, architecture, socioeconomic characteristics, and general ecology of a neighborhood in order to establish the presence of crime correlates (Kennedy, 1993).

In THE PERFECT STORM: The Science Behind Subrogating Catastrophic Flood Losses, floods expert witness Richard Van Bruggen writes:

Most standard property policies and flood policies contain subrogation clauses which prohibit the insureds from giving up any rights to recover from any entities that may be responsible for a flood loss. Impairment of an insurer’s subrogation rights, which should be looked for in contracts, leases, or other agreements which the insured entered into, discharge the insurer from any obligation to make a payment under the policy. This became a big issue with Hurricane Katrina.
Owners and mortgagee should be careful not to sign releases that might impair the subrogation rights of their insurers.

Trucking computer systems expert witness Robert R. Reed writes on Truck/tractor-trailer crashes:

Some very important items often overlooked in truck crashes are the “OBC” on board computer system and “GPS” global positioning satellite systems used on approximately 70% of modern carriers fleet. Another feature overlooked is the “ECM” engine control modules and “ABS” anti-lock brake system modules that have been on most large trucks since the late 1990’s. The “GPS” and “OBC” are used to monitor drivers, freight, positions of equipment, communications, hours of service, fuel consumption, dispatch, maintenance, driver activities and truck operation and build data reports into the trucking computer systems that are used during the normal course of business in the trucking industry and can be available to assist in crash reconstruction. “ECM” and “ABS” modules are systems built into the truck’s electrical system that record and store information on the trucks operation including speed, distance brake usage and diagnostics of both engine and brake system.

In Parts Produced by an Owner or Operator. Are They Legal? flight operations expert witness David A Botich offers an excerpt from Federal Aviation Regulations:

PART 21-CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

Subpart K – Approval of Materials, Parts, Processes, and Appliances

Electrocution expert witness Lawrence Kamm writes on shocks and electrocutions:

Every year approximately 400 people in the U.S. are killed by electric shock. More are injured by being startled by an electric shock, lose their balance, and fall off a ladder.

To cause a shock the electricity must enter at one place on your body and exit at another place. It is the current through your body which causes the shock, not the voltage at a single place. A bird on a high voltage wire gets no shock. It is common for one of the shock places to be the earth or a piece of metal connected to the earth. Think of a faucet in your bathroom for an example. Think of bare feet on wet ground for another example.

In The World Trade Center Property Insurance Trial: Lessons Learned?, risk management expert witness Akos Swierkiewicz writes:

It is obvious, that clear agreement did not exist between the parties as to what form applied on 9/11/01, almost two months after binding. The most important lesson, applicable to each of the parties, simply boils down to the need for documentation of all substantive communications to ensure that there is a meeting of minds during the placement and negotiation process and, when coverage is bound, all parties have an explicit agreement regarding the form. Agreement to any subsequent form changes must also be fully documented.

Furthermore, each of the parties, by adhering to the following rather elementary principles or procedures, can substantially reduce the potential for disputes and litigation:

In HEAD INJURY: WOULD A HELMET HAVE HELPED?, bicycle accident reconstruction expert witnesses at Walters Forensic Engineering write:

Helmets significantly reduce the possibility of a skull fracture. The impact force of a striking object against the helmet is applied over a small area at the outer edge of the helmet. The purpose of the helmet is to distribute this force over a larger area at the interface of the helmet with the head. This results in a decreased maximum force at the skull relative to an equivalent non-helmeted impact and decreases the probability of a skull fracture.

In THE PERFECT STORM: The Science Behind Subrogating Catastrophic Flood Losses, storm water expert witness Richard Van Bruggen writes:

In contrast to a “floodplain”, “floodways” are determined within the floodplain.

Any encroachment or development on floodplains reduces the flood carrying capacity of a river, increasing flood heights in adjacent areas. In order to limit floodplain development within a central channel area of a river where most of the flood water conveyance occurs, floodways are established. Usually, there is no development allowed in the floodway. Flood damage which occurs in a floodway presents opportunities for subrogation. However, one example to the contrary is in Sonoma County, California, where development in the floodway can exist but must have any net hydraulic effect on the conveyance of the river and homes must be on piers at a minimum level.