Role of the expert in a Slip-and-Fall Lawsuit

摘要

Of some 100 slip-and-fall lawsuits in which the author has testified, either in deposition or arbitration, only two went to a jury trial. Most such cases settle even before arbitration, primarily because most are worth less than $100,000. As in any lawsuit, preparation is the key to winning. Both the attorney and expert must prepare thoroughly. The engineer/expert witness must also have an unbiased outlook on available data, so that s/he can honestly tell the client, "In my opinion, you don't have a strong enough case to go to trial." It is best to point this fact out early in the process. Advising a client to forget a case (based on its merits) will enhance the client's feeling about the expert's honesty. In contrast, trying to make a good case out of a bad one will only adversely affect the expert's reputation. If the case is strong, the expert should do his/her best to win for the client. What does this entail?