Preparation for Expert Witnessing in Products Liability and Related Litigation

The rapid growth of products liability and related litigation is common knowledge. The social, scientific and educational significance of this growth imparts great importance to the subject matter of this symposium. Specifically, there exists a clear requirement that our professional involvement in litigation meet the highest professional standards both with respect to our science and with respect to the law. Special problems and risks arise vis a vis science with its standards of objectivity and impartiality and the adversial aspect of the legal process. In a sense science and law are almost antithetical. Whereas in science individuals proceed with impartiality and objectivity, in law individuals adopt adversarial roles and only the court is expected to be impartial and objective. Herein lie risks for which rigorous preparation is essential in order to participate in this demanding and exciting pursuit.

In this syposium we will share the experience of several distinguished forensic experts in human factors. Each one brings years of participation in the several phases of forensic practice as well as participation in the professional exchange within the Human Factors Society. This symposium will emphasize requirements for practice in the forensic speciality and will advance those requirements in terms of: 1) academic preparation, including essentials of governing statute and case law relating to warranties, products liability, and personal injury; 2) investigation and analysis of the engineering events and design decisions at issue and; 3) civil litigation including response to such discovery procedures as interrogatories and depositions as well as adversarial cross-examination.

Dr. Martin Kurke, psychologist and attorney, will discuss the broader aspects of preparation touching upon the historical development of scientific forensics leading through forensic psychology to academic and institutional foundations of forensic human factors. A more specific presentation by Dr. Melvin Rudov will discuss the practioner in terms of the tools required for successful practice and the phases in litigation for which the expert must be prepared, including analysis, discovery and testimony. Dr. Loma Middendorf will focus in greater detail upon her experience with formulation of integrated expert opinion based upon valid, reliable data which may be adequately defended during rigorous cross-examination designed to impeach or demonstrate witness bias, incompetence and possible perjury.

Certification and licensing will be a subordinate but important topic of interest to the three presenters as well as to Dr. Arnold Small who has consented to be the discussant.