During the past ten years I have served as a Security Consultant providing litigation support and serving as an Expert Witness in Negligent Security cases. Negligent Security cases can be a “High-Risk / High-Reward” venture. Negligent security cases are high risk vs high reward. Over 30% of jury verdicts in negligent security cases exceed $1,000,000.00 in damages.
Negligent security cases are won and lost by 1) the facts of the case; 2) the attorney’s ability to marshal the facts into a cohesive narrative; and 3) the security consultant’s expertise in analyzing & interpreting facts in conjunction with theories, regulations and standards that guide professional security practitioners.
The Value of a Healthcare Security Consultant and Expert Witness:
As a Security Expert, I have seen several outrageous “opinions” issued by either an inexperienced and/or unscrupulous “security expert.” In many of those opinions the security expert either 1) provided no basis in the facts in the case to support their opinion, 2) blatantly misrepresent security industry standards & guidelines, or 3) cited no independent authority to substantiate how their opinion conforms with industry security standards. While these tactics may have some efficacy in discovery, I have assisted many Attorneys in preparation to cross examine security experts at trial and observe baseless opinions tumble like a “house of cards.” This is one of the many intangible values an independent & knowledgeable security consultant can provide in terms of litigation support.
Tips for Hiring Security Consultants as an Expert Witness in Negligent Security Claims:
When hiring a security consultant to review a negligent security claim, or serve as a security expert witness, the term “buyer beware” appropriately comes to mind and should be considered a guidepost for attorneys, lawyers, and insurance claims representatives seeking to retain a security consultant to assist with litigation.
Experience:
Beware of “Dabblers”. As a hospital security consultant and expert witness, I have come across many experts retained by lawyers who are actually working full-time as hospital security directors or security managers and perform security consulting as a “side hustle.” These are men and women who “dabble” in consulting.
Hospitals are one of the most complex environments to provide security and safety. In addition, healthcare security is one of the most regulated areas in professional security. Many hospital security directors do not fully understand the totality of all the regulatory requirements, nor have they worked in different hospitals or healthcare environments. Their views on hospital security can be quite narrow and do not reflect the actual industry standard.
Recently, when testifying at trial as a hospital’s security expert, we saw the Plaintiff’s attorney “went cheap” and retained an inexperienced healthcare security consultant who “dabbled” in security consulting. Opinions offered by that security expert were stricken by the judge. The Plaintiff’s security expert failed to identify any industry standards or guidelines as a basis for his opinions. Adding insult to injury, during my direct examination, the hospital’s defense attorney questioned me extensively on healthcare security practices, standards, and guidelines, and had me explain the substance of those standards and the reasons why those standards exist. The hospital’s attorney didn’t need to do that as the opinions had already been stricken. However, the Plaintiff’s inexperienced expert unintentionally opened the door, and in essence handed the hospital’s attorney the hammer that he was only too happy to use to destroy the security consultant’s credibility. Not only did Plaintiff’s security expert lose his credibility in front of the jury, and he lost the case for the Plaintiff’s attorney and his client.
In a second negligent security case trial this past year, I was scheduled to testify as a hospital’s security expert. In preparation I read the report of the Plaintiff’s security expert and noticed several blatant misrepresentations of healthcare security standards and practices. Before the trial, I provided the hospital’s attorney with several healthcare security guidelines and assisted the hospital’s lawyer in his preparation to cross-examine the Plaintiff’s security expert while he was on the stand. The hospital’s attorney was so successful in discrediting the opinions of the Plaintiff’s security expert that the judge dismissed the case before I had the opportunity to testify.
Attorneys often, hire a “dabbler” as their security expert because they charge less than a seasoned security consultant. While a lawyer may save a few dollars by hiring a dabbler, there is a real risk their opinions can be easily rebutted, stricken, and you can lose the case entirely.
Independence:
Make sure the security consultant you retain in truly “Independent.” This means the security consultant does not work directly for, or receive compensation related to the sales of security systems, products, or services. A good way to ensure a security consultant is independent is if they are a member of the International Association for Professional Security Consultants (IAPSC). Independence is a requirement to be a member of the IAPSC and the organization polices its membership to ensure this requirement is maintained.
Certifications:
Most security consultants have been certified by leading security trade organizations such as the American Society for Industrial Security (ASIS) or International Association for Healthcare Security & Safety (IAHSS). These trade organizations offer certifications such as CPP (Certified Protection Professional) or CHPA (Certified Healthcare Protection Associate), which are standards that ensure the security consultant possesses the requisite level of knowledge of security and safety to render expert opinions.
Specialization:
In most cases it is not necessary to retain a security expert who has actual work experience in the industry where the subject incident occurs. In most negligent security cases it makes little difference if the security expert you retain has actually worked in that type of business. For example, security experts specializing in healthcare or casinos can render opinions in cases involving convenience stores or parking garages because the theories of security liability and criminal violence are applicable across all businesses and industries.
However, there is a caveat. In certain industries like healthcare, providing security is highly specialized and regulated by federal and state agencies. Healthcare is one of the few industries where an attorney is best served to hire a security expert who has been certified as a healthcare-security professional and has actual experience in hospital security operations. Hiring a security consultant who has a CHPA certification is a good indicator to ensure your security expert is qualified to render opinions in negligent security cases occurring in hospitals or medical treatment facilities.
Fee Schedule:
In general, the free-market dictates that more experienced security consultants command higher hourly fees for forensic security consulting and serving as an expert witness. This is not to say that a security expert who charges a lower hourly fee is not qualified. However, once a case reaches a jury and in the “battle of the experts” some jurors may rate the quality of experts and opinions when hourly fees are disproportionately inconsistent.
Retaining a Security Expert Early vs Last Minute:
Unless an attorney has a lot of experience with negligent security cases, it is important to hire a security consultant as soon as possible. Below are some reasons why you should consider hiring a security consultant early on during a case as opposed to waiting:
Availability: The best security experts are usually busy and not available to take a case at the last minute. If you want a quality security expert, plan ahead.
Assessment: Negligent security cases are “fact-driven” in the sense that a small innocuous fact can sometimes turn the entire case for or against you, particularly as it relates to proving foreseeability & causation.
A security consultant can let you know the pros and cons of your case before you are too invested to turn back. Better to pay a small retainer and get an initial diagnosis of your case before investing a significant amount of time, money and effort in a case that may turn out to be a lemon. There are several Plaintiff attorneys that have me on “speed-dial” to run a prospective case by me before taking it on.
Issue-Spotting: Because I am a licensed attorney, I can spot issues and understand the weight of certain evidence and the quality of an attorney’s case from both a substantive and procedural standpoint. In several cases where I have been retained as a security consultant in the later stages of litigation, I have been able to point out important pieces of evidence, and even additional causes of action that exist in a case to bolster
What You Don’t Know Can Hurt Your Case: If you are not a security expert, then you don’t know what materials to ask for, or what questions to ask during the initial stages of discovery and when taking depositions. While it may cost a few thousand dollars up front, the information you fail to attain and questions that go unasked in depositions can cost an inexperienced attorney, and their client in the end.
Avoid Rate Increases: Security Consultants tend to raise their fees every 2-3 years. Negligent security cases can take several years to litigate. The early retention of a security consultant can be considered a hedge against inflation. A savvy case manager can potentially save thousands in consulting fees by locking-in the security consultant’s current rate for case work and testimony that will take place years later after the consultant has raised their hourly rate.
There are few instances where an attorney will actually “save money” by waiting to hire a security expert. As indicated above, waiting or not having an expert assess your case early on can cost you in the end.
Security Expert Witness Free Consultation
Strategic Security Management Consulting (SSMC) offers certified security expert witness services. With a comprehensive approach, we extend consultation to various sectors such as healthcare, hospitality, retail, bars & nightclubs, casinos, education, and more. Our seasoned consultants serve the interests of both Plaintiffs and Defendants. For expert witness inquiries, kindly connect with us via our online contact form or reach out at 407-385-9167.
