Articles by Expert Witnesses

For attorneys involved in workplace injury litigation on sites with multiple employers (owners, general contractors, subcontractors, etc.), the intricacies of the Occupational Safety and Health Administration's (OSHA) Multi-Employer Citation Policy are paramount. This policy not only outlines the potential for actual non-compliance but also addresses scenarios where non-compliance is alleged without merit. Understanding how to handle these distinctions is key for both establishing and defending against responsibilities under OSHA's framework, which is often used in support of negligence claims.

Psychological and/or medical impairment could influence your client’s case, regardless of plaintiff, defense, prosecution or administrative private sector role.

In 2023, waterpark owners and operators saw a more competitive market as attendance levels remained similar to 2022 while ticket pricing growth was more subdued. This occurred due to increased competition from a variety of additional attractions and entertainment venues in the post-pandemic economy. In 2023, 16 indoor waterpark openings and expansions added 480,000 square feet of indoor waterpark space while twelve new outdoor waterparks opened. New growth is forecasted for indoor and outdoor waterparks in 2024 as several large-scale projects will open that will alter the waterpark landscape. These projects will continue to encourage existing properties to innovate and update to keep market share. The planned merger of Cedar Fair and Six Flags will create the largest owner-operator of outdoor waterparks in North America.

At a time when financing for hospitality development projects is challenging for developers, it can often mean that some projects won’t ever come to fruition. At the same time, municipalities would like to increase their hotel or resort offerings to attract travelers to their destinations while remaining fiscally responsible. When developers seek government assistance for development projects, state and local authorities must balance the needs of developers in the community with the financial realities of the project. Commissioning an economic impact study will provide important data for stakeholders to understand the economic benefits of a project and assess its desirability and its overall economic impact on the local or regional economy.

Businesses serving alcohol in Texas have a legal obligation to prevent overconsumption and underage drinking, as well as to protect their customers from harm. Implementing strategies such as training staff to identify intoxicated individuals, checking IDs, and refusing service when necessary is crucial for promoting responsible alcohol service.

There have been prominent changes in legislation over the past several years regarding youthful offenders, which have been brought on by landmark court cases in state and federal court. These cases have impacted how mitigating factors are considered by the courts in cases that involve youthful offenders. The purpose of this article is to provide an overview of the relevant cases and legislation and to explain how a psychological evaluation (e.g. Franklin Evaluations) can inform the court about an individual’s youthful factors.

With all the publicity given to forensic accounting these days it is thought of as a fairly recent aspect of the accounting profession. In fact, as a concept, it has been around for centuries which is often traced back as far as 3300-3500BC, the scribes of Ancient Egypt, who were the accountants of their day and were involved in the prevention and detection of fraud.

Eight professional models are suing the Brooklyn Nightclub and Lounge in Uptown Charlotte after claiming the nightclub used their images, photos and likenesses without authorization and compensation.

Renowned Worldwide Banking and Financial Expert Witness Don Coker examines some nuances of the imminent CrowdStrike litigation following the July 19, 2024, update in its Falcon system that resulted in a worldwide Microsoft Windows and computer system cyber disruption. Mr. Coker has been engaged 760 times by 125 banks, FDIC, IRS, Federal Reserve, 89 of the country’s 400 largest law firms, and hundreds of others; and has testified as an expert 196 times. He is widely published and quoted in the media. CrowdStrike reportedly admits that its update caused the cyber problems. This article discusses two huge overarching issue areas that have to be settled through either negotiation or litigation, and which are classified generally as: (1) Causation and Foreseeability, and (2) Damages Amounts, and Who Pays. Disclaimer: Don Coker is an Expert Witness and is not a lawyer or accountant, and does not offer legal, accounting or tax advice.

These sexual assault prevention guidelines provide a road map for massage clinics, day spas, franchisors, franchisees, or those looking to expand their solo practice to maximize the safety of both clients and therapists and minimize the risk of sexual assault. Additionally, if you are a massage therapist looking for a job in a massage clinic or spa—or a client looking for the safest spa to go to for a massage—these guidelines will give you the knowledge to help you decide which type of business to work with. (These guidelines are also valuable for any practitioner who needs a refresher in therapist-client interaction, ethics, and protocols.)

Cultivating sensitivity and trust is essential to keeping clients safe—especially as we are aware that many women and men have experienced physical or sexual trauma in their lives. According to the National Council on Behavioral Health, 70 percent of adults in the US have experienced some type of traumatic event. That’s equal to 223.4 million people, so it is highly likely you are working regularly with individuals who have experienced trauma.1 This article outlines some clear guidelines and boundaries that will help create a safe, comfortable environment for clients, not just those for which trauma is a factor. Safety is built on trust and trust takes time to establish. Yet, trust can also be lost in an instant. It is worth taking the necessary time and care to establish a therapeutic environment that feels both safe and respectful.

Dram Shop law is a civil liability statute that holds commercial establishments accountable for the actions of their intoxicated customers. These laws are designed to ensure responsible alcohol service and prevent alcohol-related incidents by imposing legal responsibilities on businesses.

Navigating the Complexity of Missouri Dram Shop ‘Visible Intoxication: Proving a Dram Shop claim in Missouri can be complex, especially when establishing ‘visible intoxication.’ The law does not provide a specific definition of what constitutes ‘visible intoxication,’ but Missouri courts have recognized several indicators. These indicators include slurred speech, unsteady gait, bloodshot eyes, flushed face, inappropriate behavior, and odor of alcohol.

A solution for one company experiencing costly slip and fall incidents finally came after years of soul searching. It was radical, simple—and cost-effective. It came from outside the firm and its use originated in very cold climates where its effectiveness was never in doubt, prompting associates to ask, "Why didn’t we think of that?"

Anchoring bias is becoming an increasingly underlying reason for medical malpractice in the emergency room, as providers must manage the increased complexity of care and communication from several different sources.

Liquefied Propane Gas (LPG) Expert Witnesses: Scope and Expertise Liquefied Propane Gas (LPG), a crucial energy source used worldwide for heating, cooking, and automotive fuel, necessitates a profound understanding of its production, storage, transportation, and safety protocols. Expert witnesses in the field of LPG bring a specialized knowledge base to legal and regulatory discussions, helping courts, arbitration panels, and regulatory bodies make informed decisions on cases and policies involving LPG. Their expertise spans various domains, from technical aspects of LPG handling to regulatory compliance, safety standards, and environmental impact assessments. This article delves into the specific areas LPG expert witnesses can discuss and how their insights contribute to resolving complex legal and technical challenges.

In 2017, the National Highway Traffic Safety Administration (NHTSA) estimated that there were approximately 91,000 police-reported crashes involving drowsy drivers which led to an estimated 50,000 people injured and nearly 800 deaths. From 2011 to 2015, NHTSA estimated that drowsy driving was involved in 2.3 to 2.5 percent of all fatal crashes nationwide. However, there is a consensus across the traffic safety, sleep science, and public health communities that these crash statistics significantly underestimate the impact of drowsy driving on crashes. For example, the AAA Foundation for Traffic Safety estimated that sleepiness is associated with 21% of all motor vehicle crashes in which a person was killed and 13% of those requiring hospitalization which result in 328,000 police-reported crashes, 109,000 injuries, and 6,400 deaths in the United States each year.

Gone are the days of dusty fingerprints and grainy surveillance tapes. In the contemporary landscape, the criminal trail to truth often winds through the intricate alleys of cyberspace. Now, digital evidence, encompassing everything from fleeting phone messages to location markers embedded in fitness trackers, has become the bedrock of modern investigations. Digital forensics, the Sherlock Holmes of the Information Age, helps sift through electronic data to unveil the truth behind criminal activity. This innovative field combines technical prowess with detective acumen, analyzing digital breadcrumbs that lead to solving crimes ranging from cyberbullying to financial fraud. As technology continues to evolve, so will the role of digital evidence, making digital forensics an indispensable ally in the quest for justice.

Negligent hiring is becoming an increasing area of liability for hospitals. Liability can extend to hospitals if there are concerns of foreseeable risk with a provider during the hiring process.

Cauda Equina Syndrome (CES), while rare can result in disastrous, and permanent consequences if not recognized and treated expeditiously.

Economic Consideration by Influence Credential Committee's Actions over Quality of Care

How a Medical Expert can add Value in Hospital Credentialing Cases.

Electronic GPS records have emerged as pivotal evidence in legal cases, shedding light on the sequence of events and providing a nuanced understanding of incidents. Depending on the data, GPS evidence pulled from various locations can be more exact than traditional cell tower triangulation approaches. Three recent cases investigated by ESI’s digital forensics experts pulled GPS data from different sources: Phone Apps, GPS dashcam devices, and Google take-out records. In each of these instances, the GPS evidence played a crucial role in establishing facts, proving innocence, and promoting justice.

A professional ergonomist or human factors practitioner evaluates tasks and workplaces in order to fit the work to people performing it and reduce injury potentials. These professionals occasionally hear how an employer was not much help, pre-injury or post-injury, or their medical treatment and recovery was unfavorable. Such was the experience of a journeyman welder, a boilermaker, injured on the job and who shared his concerns with the author. The man wanted his story publicized so others might avoid his experience.

Polls and studies in recent decades consistently show most U.S. motor vehicle operators consider themselves ‘above average’ drivers. In a 1981 study, a group polled showed an incredible 93% of US drivers felt they were better at driving than their peers. ‘Above average’ perceptions may apply in a Garrison Keillor fantasy but fail on the open road.

The advent of Minnesota’s new Ergonomics Standard was hailed by lawmakers to be sound in principle.  Effective 01-01-2024, selected Minnesota employers in health care, meat processing and distribution are required to add new or (depending upon their level of ergonomics implementation) upgraded provisions to their existing ergonomics initiatives. Its impact will prove to challenge some businesses to their limit. 

The FBI warned about a quickly growing nationwide scam specifically targeting older individuals, as 66% of victims are age 60 or over. These scams are known as "Phantom Hacker" schemes and are a new variation on a previously rampant form of tech support fraud. The threat actors will pose as tech support personnel, bank representatives, or government officials, quickly gaining the target's trust. Losses to this scam exceeded $542 million in the first half of 2023 alone.

As a Digital Forensics company, we receive frequent inquiries from people who believe their devices have been hacked. In some cases, it becomes quickly apparent that the person reporting the hacking may be imagining some or all elements of it (especially when the FBI is claimed to be involved). However, that does not change the fact that there are 100% legitimate instances of hacking, and it is essential to be aware of the warning signs that someone may be accessing your devices without your knowledge. Here are some indicators that your electronics may have been compromised - and what to do about it:

Is a Psychiatrist better than a Psychologist as an Expert Witness?

Filicide is the act of a parent intentionally taking the life of their child. Although these types of crimes are relatively rare, they occur more often than most of us would like to think, with approximately 500 arrests for filicide annually. As upsetting as any child homicide is, perhaps more disturbing is the fact that a child is much more likely to be murdered by a parent or a stepparent than a stranger. This article provides a conceptual framework for understanding filicide and its application in forensic psychological evaluations.

Why are motorcycle helmets sometimes ejected from a rider's head during a crash?

For those unfamiliar, BIM is a powerful, digital 3D modeling tool used to plan, design, engineer, collaborate and develop construction information for a given project. BIM can provide and optimize architecture, structural, construction, process, MEP (Mechanical, Electrical, Plumbing) and civil design efforts prior to construction to minimize defects. BIM can also be used for project scheduling, tracking, costing and project maintenance tasks. Some common BIM packages include Navisworks, AutoCAD MEP, Revit, Autodesk BIM 360, Vectorworks and SmartPlant3D etc.

A brief case review of acute compartment syndrome, a high-risk surgical condition. Delayed diagnosis often leads to permanent disability.

Whether you represent a client injured by a dispensing error or a pharmacist accused of violating the standards of practice, here is a quick rundown of what often happens in the real-world pharmacy.

The latest statistics show that 1 in 6 women and 1 in 33 men are sexually assaulted in the US every year. That translates to someone being assaulted every 68 seconds, or over 450,000 sexual assaults each year, according to the Rape, Abuse & Incest National Network.* Sexual misconduct affects every profession, from politics and business to entertainment and health care.

Understanding the relationship between testamentary capacity and undue influence in the law is essential in will contest litigation, especially since Courts often allow challenges to testamentary capacity and arguments of undue influence to proceed simultaneously. Common themes emerge. • Can a cognitively impaired person have intact testamentary capacity? • Can a person with intact testamentary capacity still be vulnerable to undue influence or lose free will? • How can a psychiatric expert retrospectively assess testamentary capacity and susceptibility to undue influence for the Court or Jury?

A Supreme Court Case holds major implications for for the False Claims Act (FCA)

Over the last ten years, the number of litigation matters and insurance claims pertaining to hot coffee and hot tea spills on customers coming through a drive-thru has skyrocketed. The statistics for these events are not tracked in any reliable way but look at legal dockets across the country and it is obvious that hot coffee and hot tea spills – especially through drive-thru as well as carry-out operations have become an industry hazard of world-class proportion.

COVID-19 saw an explosion in the adoption of telemedicine across the country. While it is a great new option for patients to access medical care, stakeholders need to be aware of major medicolegal risks.

As the pandemic comes to an end, Americans are faced with another major health crisis.

Pandemic-related state and federal Provisions create new legal challenges for nursing facilities.

Are you a personal injury lawyer dealing with a case involving a slip, trip, or fall accident or injury at a restaurant or bar? I can help! As a Restaurant Expert Witness, I have more than 35+ years of experience in the industry and understand restaurant liability law.

Renowned Worldwide Banking and Financial Expert Witness and former Governmental Banking Regulator and consultant to many Banking Regulators, Don Coker* examines some important nuances of the various financial problems that have arisen, what went wrong, where mistakes were made, and forms of litigation that will likely follow in the 2023 round of troubled bank problems. Mr. Coker has served in several positions as an interim manager of insolvent financial institutions for governmental banking regulators. In addition he has served as a consultant to over 120 banks, the IRS, eighty of the country's largest law firms, and hundreds of others. His consulting work has included work in sixty-eight countries for clients in forty-four countries. He has authored one banking book and 115 articles, and has been interviewed or quoted in over fifty publications and radio and television stations. *Disclaimer: Don Coker is an Expert Witness and not a lawyer, and does not offer legal advice.

According to the Complaint, the Defendant, Retreat at Gainesville, LLC, hosted a St. Patrick’s Day pool party and provided free alcohol at the Retreat on March 17, 2017. Promotional materials for the event encouraged attendees to bring their own beer and did not mention any age restrictions. Upon arriving at the pool party, no one asked Massey for identification. Although underage, retreat employees welcomed him to the party by encouraging him to consume beer from unmanned kegs around the pool.

On February 3, 2023, a freight train derailed near the Ohio/Pennsylvania state line. Release of toxic chemicals into the air, and a subsequent fire broke out. Evacuation and shelter-in-place orders were issued. The impact on the community and first responders is addressed here. It would not be surprising to see a class action or multi-plaintiff lawsuit brought at some point. The article is for plaintiff and defense attorneys. --Source, AP News reporting on Feb. 4, 2023 [1]

This article discuses the burden of video redaction on law enforcement agencies. We dive into what video redaction is, software considerations and video redaction services. We believe that by providing this information, a better understanding to the potential benefits and challenges of video redaction can be understood by law enforcement, school districts, transportation departments, private organizations and more.

This article describes the conceptual background, and best practices, of the evaluation of disputed confession by forensic psychology expert witnesses.

This article reviews best practices for conducting forensic psychological evaluations related to child witness credibility.

Traffic crashes in construction work zones can be particularly challenging since they may involve the plans and placement of construction traffic control devices.

The film business has often been notoriously known as a handshake business ¬— deals done at upscale bars, a few ideas written on a napkin, all while clinking overpriced martinis. That being said, the film industry is a high-risk business with millions of dollars at stake. An oral agreement becomes precarious when disagreements arise. Can an oral agreement obligate someone to invest, and/or are they enforceable in a court of law?