Demonstrating Adequacy of Railroad Warnings: A Case Study

摘要

Frequently a jury is asked to evaluate a claim that a device provided adequate warning of a hazardous condition. Although there is extensive research on which basis an expert may evaluate such claim, the layman is unprepared to integrate such information into a decision. Previous attempts to produce courtroom demonstrations of warnings have been easily challenged by opposing experts. In a recent case involving a pedestrian accident on a railroad right-of-way we produced a jury demonstration that was accepted by the court, was not challenged effectively by opposing counsel, and communicated effectively with the jury. This paper describes a demonstration that incorporated binaural recording and presentation with a synchronized video orientation and simulation. We will present an excerpt of the demonstration.