What is an electrical expert witness?
An electrical expert witness is a professional with specialized knowledge in electrical engineering and electrical systems, experience in conducting electrical accident investigations (including compliance violations), and a track record of providing expert testimony in electrocution and electric shock cases.
Helping a judge or jury understand key – but complex – issues in an electricity-related accident case makes the expert’s testimony among the most critical evidence in the case.
What is the role of an electrical expert witness?
The primary role of an electrical expert witness is to provide crucial expert testimony in court. But there are several steps in a witness’s job, including:
- Investigation – After an electrocution or electric shock accident, the expert will investigate and determine the cause. He or she will analyze all of the evidence to identify whether negligence occurred, including whether there were any safety violations under the NEC, NESC or OSHA.
- Opinion – After the investigation is completed, the electrical expert witness will provide an opinion regarding the causes of accidents, the adequacy of safety measures, and whether the incident could have been avoided. These opinions are crucial for building a case for liability or defense.
- Testimony – Finally, the expert will testify in a deposition or in a courtroom, explaining complex electrical concepts and simplifying them for the fact finder. Typically, the expert is hired by one party to support their theory of the accident.
How to qualify as an expert?
A person may qualify to be an electrical expert witness based on his or her knowledge, skill, experience, training or education, according to Rule 702 of the Michigan Rules of Evidence and the Federal Rules of Evidence.
In order for an witness’ opinion testimony to be admissible into evidence, it must be demonstrated to the court that it is “more likely than not” that the following are true:
- The “expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue”
- The “testimony is based on sufficient facts or data.”
- The “testimony is the product of reliable principles and methods.”
- The “expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.”
How is information gathered by an expert?
An expert witness typically gathers information by doing the following:
- Case review – The expert will typically start by reviewing and understanding the case at hand, which is done by reviewing all available legal documents and asking clarifying questions.
- Site inspection – The expert will then visit the site of the accident to inspect the condition of electrical systems and assess whether any maintenance issues, failures, or damage contributed to the accident.
- Compliance review – He or she will next review all available records, including maintenance logs, safety records, codes, etc. to determine if proper protocols and procedures were followed.
- Interviews – The expert will also interview all relevant parties seeking to gather critical information.
- Collaboration – Many times, an expert will collaborate with other experts who can help fill in any gaps.
- Accident reconstruction – Finally, the expert will use various tools to reconstruct the event and determine the cause.
What type of cases require an electrical expert witness?
An electrical expert witness can be used in many types of cases, including:
- Electrocutions and electric shocks – This is the most common type of case where an expert is needed as they will investigate and determine the cause of the accident.
- Electrical fires – Electrical fires can be caused by a variety of system failures.
- Electrical equipment failures – When electrical equipment fails, an expert can evaluate the cause of the failure.
- Construction site accidents – An expert will assess whether safety standards were followed.
- Product liability – In this type of case, the witness will evaluate whether defects in electrical products contributed to accidents or injuries.
Who pays the fees for the electrical expert witness?
An experienced electrocution accident lawyer will never ask you to pay up-front or out-of-pocket for the costs to hire an electrical expert witness who will help you prove your case. Like your attorney’s fee, you will not be asked to pay for the expenses incurred in your case unless and until your lawyer recovers a winning settlement or trial verdict for you.
Your lawyer will work on a contingency basis, meaning you will never pay a dime unless you win your case. This includes paying for expert witnesses to evaluate and testify in your case.
