Experts are required to testify in civil and criminal trials to issue opinions and explain complicated evidence. To become an expert security witness, a combination of education and practical work experience is needed. Safety experts may be required to testify in personal injury or workers compensation claims, and educational background and extensive experience in the field are necessary. Courts will decide on a case-by-case basis whether a potential witness can testify as an expert.
In most legal systems, experts are usually required to testify in civil and criminal trials, both to issue opinions and to explain complicated evidence to a jury. A safety expert would likely be needed to testify in a civil action for damages suffered as a result of someone’s negligence. To become an expert security witness, a potential witness will generally need a combination of education and practical work experience. The qualifications required to become an expert security witness vary by jurisdiction; however, an individual will also generally establish a reputation as a security expert among their peers.
While a safety expert may be required to testify in any type of trial, the most likely scenarios within the court system in the United States are a civil action for personal injury or an administrative hearing for a workers compensation claim. A personal injury claim is based on the theory that the defendant was negligent, meaning that he or she did not exercise reasonable care in the circumstances. If, for example, the defendant owns a store, reasonable care might include instituting reasonable security precautions throughout the store and a failure to do so would render the defendant liable. A security expert may be called upon to testify about the reasonable security precautions the store owner should have taken.
Likewise, in a workers compensation claim, the employer is always under an obligation to use appropriate security measures. If an employee is injured and feels that the employer has not met its legal burden with regard to safety, the employee should be entitled to workers’ compensation coverage. If the employer is disputing the claim, a safety specialist may be required to testify at a hearing.
The educational background required to become an expert security witness will vary somewhat, depending on the precise testimony one intends to obtain from the witness. As a rule, courts, like any expert witness, have at least an undergraduate degree. A degree in building safety, industrial safety, or any engineering degree can be helpful. Additionally, certification as a firefighter or emergency medical technician may be appropriate for anyone aspiring to become an expert safety witness.
In addition to a witness’ educational background, courts often want a potential security expert witness to have extensive experience working in the field. In the United States, anyone with work experience in the Occupational Safety and Health Administration (OHSA), for example, would likely qualify as an expert safety witness. Ultimately, the court will make a decision on a case-by-case basis as to whether a potential witness can testify as an expert. Most judges also want to hear testimony that the witness is considered an expert in the field by their peers before making a decision.
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