When we prepare a case, whether it’s for resolution before trial or at trial, sometimes we need what’s called an expert witness. An expert witness is somebody who can look at the facts, look at medical records, for example, and give what’s very simply self-explanatory, an expert opinion.
Not every doctor who treats my client, whether it be a physical therapist, an orthopedist, a chiropractor, has the ability to just stop what they’re doing in their practice and be available for me, whether it’s at an arbitration, a mediation, or at a trial.
One of the things we do is to make sure that I do have a doctor who shares my treating, my client’s treating doctor’s opinions in his or her expert opinion. So, we’ll retain an expert and we’ll say, could you please look at these medical records? Do you agree with the treating doctor’s opinion? And if so, why? And our experts can give such an opinion.
That’s for medical purposes. Sometimes I need an expert opinion for a trial. When it comes to a premises case, for a defect, cracks, holes, potholes, and sidewalks, they’re sometimes very self-explanatory, and a photograph is enough.
That’s not always the case. Stairways come to mind. Stairs and a stairway need to be a certain length, need to be a certain width, need to be a certain height. Handrails are necessary.
We have New York State as well as other local regulations that dictate what is safe and what is appropriate safety standards for not only sidewalks and walkways but staircases and stairways. Experts like the back of their hand are familiar with those codes and those regulations.
So if something seems off and we look at it, well, the first thing we do is make sure an expert looks at it and says, “Hey, what’s wrong with the stairway? Is there anything wrong with the stairway?” So, very important to have an expert opinion in a situation like that.
Engineers, sometimes supermarkets, shelving, things of that nature. I see too many people get hurt in some of the supermarkets and some of the larger stores, the Home Depot-type stores. With things shelved properly, are the shelves established and constructed properly? It has to be a safe environment, a safe space for customers and people.
So experts can play a part in many different ways, from medicine also to establishing who, if anyone, is at fault for an accident.