Forensic, General & Medical
Expert Witnesses

Expert Witness: Why Gates or Fences Are Defective


Gates and fences often cause accidents whether they are electric, slide open or require a key to open, and these barriers may harm a person to the point he or she must seek medical attention. When the gates or fences possess defects, a lawsuit may arise where damages are owed to the injured party through the use of a lawyer and expert witness.

Many gate or fence related issues are due to electric or mechanical boundaries. There may be a defect that needs addressing in the system, or the materials are defective. In certain situations, the design of the gate or fence is the root of the problem. It may take an expert to discover these issues. When the defect is found, a claim against the liable party becomes necessary. Then, the person or company accountable for the incident must pay damages through a successful case or when the parties negotiate the settlement. The compensation pays bills, medical expenses and to cover a lack of work.

The Gate or Fence Expert

When experts hired for these cases analyze the evidence, they often discover defects that cause the incident. This could involve a program or software with a bug or virus or mechanical failure due to materials. If inferior metals were part of the construction of the gate or fence, these could harm a person accidentally. The intended use may not include the actions during the incident. Closing too soon, at the wrong moment or when someone is in the path are all possible with defective materials or software. Currents of electricity may also discharge a gate too quickly or before it should.

Experts explain defects and complications that arise when the defective parts, materials or software cause incidents. Detailing these issues to the courtroom may require the use of visual aids and a video with labeled parts. When the expert is able to proceed with these matters, the evidence may demonstrate the defect experts testify about. Then, the job is to connect liability to the appropriate person or company. This may take additional time and more visual aids or detailed records. The professional hired for the case may need to create a report that includes the information.

Liability in Gate and Fence Cases

Liability for injuries due to gates and fences often lies with a company. The manufacturer or designer could be at fault. However, the agency that employs the gate or fence may change something that causes the incident. Then, the manufacturer is free from owing damages. The expert analyzes these situations so that correct party is paying compensation for successful claims. It is important that all responsible parties identified provide the monies to the plaintiff. Only through evidence and extensive study is this often possible. This makes the expert indispensable, and he or she may give the jury or judge enough data to deliberate with all needed knowledge.

Expert Witness and Testimony in Gate and Fence Cases

It is up to the expert witness to present testimony convincing enough to sway the judge or jury. However, the details explained have a basis and foundation on the truth. Defects in gates and fences are apparent in certain instances. The data collected for these cases may show an overwhelming proof that the company manufacturing the gates or fences is responsible for the incident. Defective materials used in construction of gates or fences used to protect residents may harm them instead. Other cases may include gates or fences that damage property or malfunction leading to lacerations and broken bones. The expert explains how these incidents occur based on the defective items. If the company purchased cheaper resources, this could combine with a design flaw to harm others.

The incidents are often as diverse as the type of gates available for purchase. Some are around residential property, others keep individuals in or out of hospitals, storage units and theme parks. When the defective gates or fences harm a person, the injuries may involve extensive or expensive wounds that need immediate treatment. When the patient dies from these injuries, the company responsible may pay out damages to the surviving family.

Defective Gates or Fences and the Expert Witness

Based on the factors of the case, the experts will present testimony to connect the responsible company or individual to the incident. When the injured survives the harm, he or she may collect compensation awards when the case is successful. It is important that the expert unravel any confusion with the defect.


Provided by HG.org

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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