In the realm of retail injury litigation, the nuances and complexities of a case can often be best understood through a virtual site visit. Often conducted via FaceTime, these visits allow a retail expert witness to identify critical information that might be overlooked by the average observer.
While an on-site inspection was often the request in the past, the new norm of a virtual visit has saved the attorney from paying an expert witness’ traveling expenses and cutting down hourly fees significantly. A virtual site visit is still useful for the expert witness and the integrity of the inspection is not impacted by doing it from their respective location.
In this blog I share my expertise on how a site visit enhances the effectiveness of a retail expert witness and I provide tips on how attorneys can facilitate these visits for the best possible outcomes.
Are site visit always needed?
Most trip and fall or slip and fall injury cases are the result of the condition of the floor at the time of the incident. But it can take months or years before an expert witness is hired to consult on the case. By then, the condition may not still exist for the expert witness to see and examine.
For these common cases, the deposition — coupled with my 40+ years of Retail Design experience — becomes the most reliable source to help me form my opinion. Those documents include important details such as how often the store was doing inspection and whether the store can offer a documented inspection that was within reason of when the incident occurred.
For the most part, I find that there was no inspection or that the inspection was many minutes or hours before the incident and, therefore, the retailer did not take proper care of the conditions.
In one case, however …
I had to review the drainage that was in the middle of the floor of a particular aisle of a supermarket. Often they like to spray the produce in the morning and because it’s spraying the produce some of that water gets on the floor.
By going to the site, I was able to see if there was an adequate pitch. If there was proper drainage to the floor then it would roll down to the exit drain and disappear eventually. If there’s no drainage provided then the water tends to form a pond right in that area and it becomes an ongoing condition because it’s constantly pumping water. So, in that case, by visiting the location I was able to determine who was at fault.
The Role of Virtual Site Visits
Virtual visits provide flexibility and allow for real-time interaction between the retail expert and the legal team. During a virtual visit, the expert can direct the attorney or site manager to specific areas of interest, ensuring no critical detail is missed.
Virtual visits are especially useful when:
- Geographical Constraints: The expert and the site are in different locations, making travel impractical.
- Urgency: The case requires immediate assessment, and a virtual visit can expedite the process.
- Limited Budget: No need to pay travel expenses or the accumulative cost of an hourly rate from the expert witness. Instead, it can be done simply and quickly and, most importantly, still effectively.
Uncovering Hidden Details with Site Visits
When I do engage in a site visit, my goal is to assess the environment where an incident occurred as close to the date of the incident. For example, in a slip and fall case, I can examine the flooring materials, lighting conditions, and potential obstructions that contributed to the accident. Such details are crucial in forming a comprehensive and accurate slip and fall expert witness testimony. But, again, they are only useful if the conditions still remain and not too much time has passed since the injury.
During a site visit, a retail injury expert like myself can:
- Evaluate the Physical Environment to assess factors such as the layout, design, and maintenance of the area. These elements are essential in cases involving retail safety compliance and retail design expert witness evaluations.
- Identify Potential Hazards that might not be evident in photographs or written reports. This is particularly important in retail slip and fall cases and trip and fall retail cases.
- Gather Contextual Evidence that can strengthen their testimony as a retail fall expert witness or retail trip expert witness.
Setting Up the expert witness for Success
Attorneys play a crucial role in ensuring that a retail expert witness is well-prepared for an on-site visit. Here are some steps to facilitate a successful visit:
- Provide Comprehensive Background Information: Before the visit, supply the expert with all relevant case details, including incident reports, witness statements, and any existing photographs or videos of the site.
- Arrange Access to the Site: Coordinate with the property owner or manager to ensure the expert has full access to the site. This includes access to restricted areas that may be pertinent to the case.
- Organize a Guided Tour: If the expert is conducting a virtual visit, designate a knowledgeable person to guide the expert through the site, following their instructions to focus on specific areas of interest.
- Prepare for Documentation: Ensure that the necessary tools for documentation, such as high-quality cameras and measuring devices, are available during the visit. This is crucial for capturing detailed evidence that supports the expert’s findings.
- Facilitate Communication: Maintain open lines of communication between the expert and the legal team. This allows for real-time updates and adjustments to the assessment process as needed.
Conclusion
Site visits, whether in person or via FaceTime, are invaluable tools for a retail expert witness. These visits enable the expert to uncover details that are crucial for forming a robust and accurate testimony. By meticulously preparing for these visits, attorneys can ensure that their expert witnesses are set up for success, ultimately strengthening the injury case.
In the complex world of retail injury litigation, the partnership between an attorney and a retail injury expert witness is vital. By leveraging the power of a site visit, I can provide comprehensive, insightful, and compelling evidence that makes a significant impact in court.
Contact me for a free 15 min consultation.
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