Security Expert Witness
What is an expert witness?
An expert witness is an individual who testifies and gives an opinion in court based on their expertise in a particular discipline. They have extensive knowledge that is above that of an average citizen. They do not give an opinion to support a side’s argument. Instead, they give an impartial opinion in terms that the jurors can comprehend. This opinion helps the jury understand the evidence presented in a case and make their decision.
What is the role of an expert witness?
The primary role of an expert witness is to present an unbiased, honest, and independent opinion to the court. Their opinion is based on the evidence presented and on their knowledge in the field discussed. The expert witness completes an Expert Witness’s Report, which will be available for the court and the other party to view. An expert witness is expected to follow any rules or orders in the court. While an expert witness’ court fees are covered by a party, they must remain objective. If an expert witness appears to be biased, that evidence will be discounted. If the client is pressuring an expert witness to alter their report, an expert witness will deny this request and may discontinue their role.
The role of an expert witness is not to:
- Negotiate
- Accept incentives based on the conclusion of the case. This is because it could contradict the requirement of having an independent opinion. Having an incentive such as conditional payments may tempt the expert witness to help confirm an argument.
- Give an opinion in a discipline that they are not competent in
- Give advice for the case
- Agree to be an expert witness when there is a conflict of interest.
What are some examples of expert witnesses?
There are many different examples of expert witnesses due to the diversity of cases that go to court. Below are some common examples:
Medical Experts: Medical experts may testify in cases about medical malpractice, criminal, or injury cases. They speak about the prognosis for recovery, treatment recommendations, and the severity of injury. In medical malpractice cases, this expert would give an opinion on if the provider violated their duties. In criminal cases, the expert witness would speak about the extent of the injuries a victim endured. During injury cases, the expert witness speaks about the extent of the injury. Examples of medical experts are doctors (such as endocrinologists and surgeons), nurse practitioners, and physical therapists.
Security Experts: Security experts testify in cases about negligent security or inadequate security. Most commonly in cases where the Plaintiff has been injured or impacted by a violent crime, false imprisonment, or where a Security Officer, Guard, Doorman or Bouncer has used excessive force. These experts analyze evidence and presents information to help the jury decide if there were neglectful actions.
Vocational Experts: These types of experts are the most frequent kind of experts the court sees. They testify about a person’s capability to work, ability to develop a skill set, and/or the length of training for a specific occupation.
What are the 4 pillars of an expert witness?
The Federal Rules of Evidence, abbreviated as FRE 702, describes the admissibility standards of expert witnesses. This document details the qualifications of the expert witnesses and the four pillars required to be an expert witness. The four pillars are: qualifications, reliability, helpfulness, and foundation. See below for a further description.
Qualifications: Expert witnesses must be competent and skilled in the discipline discussed through experience, training, or more. Expert witnesses must have more knowledge than the individuals on the jury or the average person.
Reliability: The opinion and report of the expert witness must be based on evidence by examining data and applying principles widely accepted by the field.
Helpfulness: The duty of an expert witness is to help the jury by adding value to the topic presented. This includes adding information missed.
Foundation: The conclusion of the expert witness must be based on the foundation of their discipline. This ensures that the opinion is based on accurate information.
Security expert witness free consultation
At SSMC, we provide excellent security expert witness services because we review, evaluate, and support cases relating to negligent or inadequate security on a premises. We also assess cases involving excessive use of force by security personnel, negligent hiring, training, retention, supervision, as well as negligent or inadequate policies & processes relating to workplace violence prevention and loss prevention.
If you are looking for an expert witness, contact us through our contact form or call us at (407) 385-9167.
