After reading our other posts this week about expert testimony, you may
be surprised by how many different experts may be needed to successfully
pursue a plaintiff’s case. More surprising may be that there are
more experts that we have yet to completely discuss.
Experienced Newburgh personal injury attorneys know that every case is unique in some ways, and at the same time, there
are some common denominators. For instance, slip and fall cases generally
need to use forensic meteorologists, engineers, and biomechanic experts
to help prove—and defend against—many important issues in a
premises liability case.
Forensic meteorologists use scientific analysis to recreate or reenact
for a jury the weather that was experienced at a specific place and time.
These meteorologists use testimony from persons present at the accident
scene, weather reports, radar images, and satellite images to create the
reconstruction. They will also explain more basic weather phenomena such
as the freezing, thawing, and refreezing process.
Why is this important? Because the owner or possessor of land is under
a duty to keep the property safe for visitors and to prevent foreseeable
harm coming to pedestrians. Thus, any
slip and falls on the owner or possessor’s property may result in liability. The
timing of a storm’s end will commence the ticking of a clock by
which an owner of land must remediate a dangerous condition on property
that which was caused by a storm. Moreover, when ice melts and then refreezes,
the land possessor must remediate any dangerous conditions.
Forensic meteorologists will analyze data to determine when these weather
conditions arose, ended, and also to explain how the weather conditions
were present to create a danger even when a storm had not occurred at
the time of an accident. The expert will show how the temperature was
high enough to melt snow or ice, causing water to be tracked into the
interior of a business. The expert can also discuss melting and refreezing
processes of snow and ice, such as to determine when new formations of
dangerous conditions occur.
This is how weather conditions outside cause accidents inside a premises.
Just as with the exterior of premises, land owners must keep interior
surfaces safe for visitors.
Engineering experts will explain to a jury how geographic features of a
property may cause or contribute to the conditions that led to plaintiff’s
injuries due to the
slip and fall. Uneven ground, subtle or severe, inclines, declines, bumps, and depressions
contribute to how water, snow, and ice accumulate in certain areas. The
expert here will also advise on building regulations, best practices in
the engineering industry, and on how the conditions present at the scene
deviated from prescribed standards.
Lastly, biomechanical experts will inform a jury as to how the human body
reacts to external forces such as those listed above and how the body
is likely to be injured by the external conditions listed above. These
experts will show that the type of injury that occurred is exactly the
kind that which would happen if a person slipped and fell on a wet or
Are you interested in learning more about the various kinds of personal
injury experts? Visit our latest article for more on the wide-variety
of experts and
how they can maximize your compensation here. Also, read more about common experts in most cases such as economists,
vocational experts, and life-care planners in
our blog post here. There are certain experts used in car accident cases who can help increase
the maximum compensation you deserve;
find out about them here. In other cases, such as medical malpractice, medical experts are almost always
required to be used to prove your case—learn more why here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious personal injury accidents,
particularly throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie,
and Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.