You can file many different types of personal injury claims in New York City. You can consider filing one in the aftermath of car accidents, subway accidents, and elevator accidents. Premises accident cases typically present the biggest challenges.
Premises accident cases involve injuries sustained on another person’s property. It can be difficult to prove negligence on the part of a private property owner considering the circumstances.
Calling on expert witnesses to testify in these cases can help simplify them. So, what is the role of an expert witness in a trial involving a premises accident? Find out how an experienced premises liability lawyer in New York City can utilize them in your case below.
What Is an Expert Witness in a Premises Accident Case?
When you file a premises accident case, there is a chance your NYC premises liability lawyer may suggest calling on eyewitnesses to testify in court about what they saw during the accident. It can reveal whether a private property owner acted negligently and caused your accident to occur.
An eyewitness who saw your accident is different from an expert witness. When answering the question, “What is the role of an expert witness in a trial?”, know that an expert witness is someone who wasn’t at the scene of your accident but who can offer specialized knowledge on any complex issues during their testimony in court.
Let’s say, for example, you suffered serious injuries after a slip-and-fall accident in an NYC building and your premises liability lawyer argues that a building code violation caused it. They might recommend calling on an NYC-based building inspector or even a local engineer to provide an impartial opinion on the matter.
Under Federal Rule of Evidence 702, an expert witness like this can be called on by a premises liability lawyer to help “the trier of fact to understand the evidence or to determine a fact in issue.”
Which Expert Witnesses Can an NYC Premises Liability Lawyer Call on in Court?
The tricky part about calling on expert witnesses to lend a hand during an NYC premises accident case is that there isn’t any shortage of options for lawyers and clients interested in doing it. In the past, plenty of attorneys have done it during premises liability cases. But even still, choosing expert witnesses confuses some people since it’s challenging to define what “expert” means in this case.
Generally speaking, Federal Rule of Evidence 702 says a witness can qualify as an expert through “knowledge, skill, experience, training, or education.” This is a broad definition that can include everyone from the aforementioned building inspectors and engineers to accident reconstruction experts and even snow removal specialists. These professionals can provide an expert opinion on whether slip-and-fall accidents on private property were caused by the negligence of a private property owner.
What Is the Role of an Expert Witness in a Trial Involving a Premises Accident?
No matter which of the above experts a Brooklyn premises liability lawyer decides to call to the stand to testify during your case, they can improve your chances of winning a premises accident case in several ways. Here are a few answers to the question, “What is the role of an expert witness in a trial?”:
- Gives the jury assistance to better understand your case
- Lends credibility to the arguments made by your NYC premises liability lawyer
- Prevents your case from turning into a “he said, she said” situation if no eyewitnesses saw your accident
The key to using expert witnesses to their full potential during a premises accident case is calling on the right experts for assistance. Otherwise, you may find these experts could hurt certain elements of your case as opposed to bolstering them.
Can Expert Witnesses Hurt a Premises Accident Case?
Expert witnesses can hurt a premises accident case if you and your NYC premises liability lawyer aren’t careful. They could, for instance, provide weak testimony that calls the “expert” tag attached to their name into question.
They could also not have as much expertise in a particular area as you may have thought. This is why you will need to properly vet expert witnesses to ensure they’ll bring valuable information to the table that will help your case rather than hurting it or possibly even derailing it altogether.
Let Our Law Firm Provide You With a Brooklyn Premises Liability Lawyer
At Ross & Hill, we know how to bring the right expert witnesses on board for proving negligence in premises accident cases. We can also further answer the question, “What is the role of an expert witness in a trial?” for you.
Contact us now at (718) 855-2324 to speak with an NYC premises liability lawyer about your case and the expert witnesses who could help it.
FAQs on Expert Witnesses in Premises Accident Cases
If you’re not familiar with the expert witnesses used during premises accident cases, find the answers to additional questions about the role they play below.
Who Is Allowed To Serve as an Expert Witness in a Premises Accident Case?
Almost anyone is allowed to serve as an expert witness in a premises accident case as long as they have the qualifications to back up their “expert” status. This can include engineering experts, medical experts, forensic experts, and more.
What Is the Purpose of Calling on Expert Witnesses During a Premises Accident Case?
The purpose of calling on expert witnesses during a premises accident case is to clear up any confusion surrounding the facts in a premises liability case for a jury. It’s also to help an NYC premises liability lawyer make a more compelling case all around.
Is It Worth Finding Expert Witnesses for a Premises Accident Case?
Yes, it’s worth finding expert witnesses for a premises accident case. It won’t take you long to answer the question, “What is the role of an expert witness in a trial?” once you speak with an expert witness and see what they can offer to your case.
