Expert Witness Blog

In The Goldhaber Warnings Report, semantics expert witness Dr. Gerald M. Goldhaber writes on how to design a product warning:

3. If the hazards exist and are unknown or hidden to the user, how can we best communicate with or warn the user about these hazards, their consequences and how to eliminate or reduce the risk of exposure to these consequences? Although we will devote several future issues to this question, for now, it is important to understand that an effective warning must be seen, read and understood so that the user can decide how to proceed safely and avoid injury from product use. Most warnings should, in a clear, conspicuous manner, communicate the following information:

a. A clear statement of the hazard(s) and danger(s) that the user is likely to confront at the time of use.

In Cash Flow: The Life Blood of Business mergers expert witness Steve Rabin writes:

Cash is essential to the success of any business. Cash is the “life blood” that keeps a business operating. If cash drys up, the business fails. Understanding your business’ cash flow is a key managerial skill.

Failure to properly plan cash flow is one of the leading causes of small business failures. Understanding the basics will help you better manage your cash flow. Cash flow considerations become even more important as the economy struggles and businesses need to tighten all financial controls.

In The Goldhaber Warnings Report, communication analysis expert witness Dr. Gerald M. Goldhaber writes on how to design a product warning:

2. Who is the likely user of our products that may be hazardous at the time of use? A meeting among marketing personnel should be held, during which they consult any available market research and demographic studies to identify and profile the likely or typical user of the product(s). Warnings are a form of communication and, as with any communication, should be designed with the intended audience in mind. A review of all sales, promotional and safety literature related to the product, including manuals, current labels, brochures, the company web site, advertisements, packaging, videotapes or DVD’s of ads, as well as any in-house documents (memos, minutes of meetings, studies, etc.) related to the design, development and evaluation of warnings should occur.

In The Goldhaber Warnings Report, linguistics expert witness Dr. Gerald M. Goldhaber writes on how to design a product warning:

1. What hazard(s), risks and dangers that are known or likely to be known to us (the manufacturer) exist or are likely to exist with the use of our product(s)? A meeting among the key engineers who have designed the product and the marketing personnel who must sell the product (and any other relevant personnel, e.g., industrial hygienists, lawyers, etc.) should be held to discuss the details of:

a. How can an individual get hurt at the time they use the product?

In the Guidebook for Airport Safety Management Systems aviation safety expert witness Mac McCall, A.A.E, writes:

The International Civil Aviation Organization, recognizing these facts and that “the public’s perception of aviation safety is largely based on the number of aircraft accidents rather than the accident rate,” issued a resolution to “reduce the numbers of accidents and fatalities irrespective of the volumes of air traffic.” The ICAO further provides guidance on how to achieve this resolution, including the recommendation to “develop a civil aviation safety management framework and recommendations for improving safety.”

In recent years a great deal of effort has been devoted to understanding how accidents happen. It is generally accepted that most accidents result from human error. It would be easy to conclude that these human errors indicate carelessness or lack of skills on the job, but such a statement is not accurate. Accident investigators are finding that the human error is only the last link in a chain that leads to an accident. Accidents cannot be prevented by changing people; they can be prevented only when we address the underlying causal factors.

In the Guidebook for Airport Safety Management Systems aviation accident analysis expert witness Mac McCall, A.A.E, writes:

There are two ways of thinking about safety. The traditional way is that safety has been about avoiding costs. In this sense, many aviation organizations have been bankrupted by the cost of a single major accident. This makes a strong case for safety, but the cost of occurrences is only part of the story. Efficiency is the second way of thinking about safety. Research has shown that safety and efficiency are positively linked. Safety pays off in reduced losses, enhanced productivity, and lower insurance costs. In 2006, the Port of Seattle opened a ramp tower to assist with ramp operations and improve safety and efficiency. The Port’s insurance company agreed that the liability had been reduced due to the ramp tower and lowered the insurance costs. This is an excellent example of how safety, efficiency and costs are linked.

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Building envelope performance expert witnesses may opine on issues relating to the National Association of Home Builders/Bank of America Home Equity Study of Life Expectancy of Housing Components

Siding and Accessories
Outside materials typically last a lifetime. Brick, vinyl, engineered wood, stone (both natural and manufactured), and fiber cement will last as long the house exists. Exterior wood shutters are expected to last 20 years, depending on weather conditions. Gutters have a life expectancy of more than 50 years if made of copper and for 20 years if made of aluminum. Copper downspouts last 100 years or more, while aluminum ones will last 30 years.

Building distress expert witnesses may opine on issues relating to the National Association of Home Builders/Bank of America Home Equity Study of Life Expectancy of Housing Components

U.S. HOUSING STOCK:
The 2005 American Housing Survey by the U.S. Census Bureau shows that there are more than 124 million homes in the housing stock, with a median age of 32 years. About one-third of the housing stock was built in 1960 or earlier. About 10 percent was built in the 1960s, and another 20 percent was built in the 1970s. Of the remainder, 13 percent was built in the 1980s, another 13 percent was built in the 1990s, and 8 percent in the first years of the 21st century. Of the total stock of 124.3 million housing units, about 109 million are occupied housing units, 11.6 million are vacant and about 4 million are seasonal. Two-thirds of all units in the nation’s housing stock are single-family detached or attached, 8 percent are in buildings with 2 to 4 units, and about 17 percent are in buildings with 5 or more units. The remaining 7 percent of the stock is in HUD-code homes. About 18 percent of the occupied housing stock is in the Northeast, 23 percent is in the Midwest, 37 percent is in the South, and 21 percent is in the West.