Expert witnesses can play a crucial role in premises liability matters. They can provide technical knowledge that can establish negligence, prove causation, and demonstrate the extent of a your damages. By explaining complicated scientific or medical matters to a jury and helping them understand complex evidence such as safety codes and engineering issues, expert witnesses can significantly shape the outcome of a case.

What is an Expert Witness?

Not to be confused with a lay witness who testifies about their own observations, an expert witness is an individual with a specialized background in a particular area. To qualify as an expert witness in Washington, they must have the knowledge, skills, training, experience, and education necessary to help the judge or jury understand evidence or determine a fact at issue. If the individual qualifies as an expert, they may testify in the form of an opinion. However, the testimony must be based on sufficient facts or data and the methods used by the expert must be reliable.

What Types of Expert Witnesses Can Be Used in Premises Liability Cases?

There are a wide range of expert witnesses that may be used in a premises liability matter, depending on the specific issues in the case. Experts help strengthen a claim by providing their professional opinions, or they may give testimony in court to explain complex issues to a judge or jury. Some common types of expert witnesses used in premises liability cases can include the following:

• Medical expert witnesses: A medical expert witness can provide testimony about the victim’s injuries, the long-term impact of them, and how they are connected to the accident. They can also establish the victim’s need for future medical treatment, substantiate medical bills, and recommend future care.
• Negligent security experts: If the victim’s injuries arose due to a security failure, a negligent security expert can assess the security measures taken on the property and determine how any failures may have contributed to the accident. They may evaluate security footage, lighting, policies, and maintenance records to establish whether the accepted industry standards were met for that type of property.
• Architectural and engineering experts: An architectural or engineering expert can analyze the construction and design of a property to assess whether unsafe conditions caused the accident. They can evaluate whether the property met the necessary regulations and complied with the applicable safety codes.
• Accident reconstructionists: An accident reconstructionist in a premises liability case can establish causation and explain how certain factors on the property led to the accident. They can also recreate the accident for the jury using drawings, 3D modeling, or other technologies.
• Life care planners: A life care planner can provide expert testimony on the long-term medical expenses a victim may incur as a result of their injury.
• Economists: An economist can help to quantify the economic damages a victim incurred in a premises liability case. This can involve calculating loss of earnings, loss of earning potential, future medical expenses, and other costs.
• Psychologists and psychiatrists: A psychologist, psychiatrist, or mental health professional can testify about a victim’s emotional injuries sustained in connection with an accident, including their emotional distress, PTSD, depression, anxiety, and other mental health conditions.
• Vocational rehabilitation experts: A vocational rehabilitation expert can evaluate a victim’s employability and testify how their injuries impact their ability to work.

Although experts provide objective testimony, they can come to different conclusions based on the same set of facts. Accordingly, the defense may hire their own expert witnesses to counter the opinions of the your experts. This can create a “battle of the experts,” and leave a jury to determine which one is more credible.

How Can an Expert Witness Strengthen a Premises Liability Claim?

Whether an injury was sustained due to a slip and fall, trip and fall, negligent security issue, or inadequate maintenance, an expert witness can help strengthen a premises liability claim. They can use their knowledge, experience, and skills to support your narrative of the events that led to the accident.

An expert witness is not only useful if a case goes to trial. They can also be instrumental in settlement negotiations by supporting a victim’s position and demonstrating the full impact of their injuries. An expert’s opinion may assist in obtaining a fair settlement offer, rather than face the risks and costs of proceeding to trial.

Contact an Experienced Washington Premises Liability Attorney

If you were injured on someone else’s property as a result of their negligence, you have a right to file a premises liability lawsuit to recover the damages you suffered. The Whatcom County personal injury attorneys at Robinson & Kole provide reliable representation throughout Washington State for a wide range of personal injury matters and work with expert witnesses who can help strengthen your injury claim. Contact us at 360-671-8112 or by using our online contact form to schedule a consultation to learn how we can help.