Experts are frequently required to testify at both civil and criminal trials in most legal systems, both to give opinions and to explain complicated evidence to a jury. In a civil lawsuit for injuries caused by someone’s negligence, a safety expert would almost certainly be required to testify. A potential expert witness will typically need a combination of education and practical work experience to become a safety expert witness. The requirements for becoming a safety expert witness vary by jurisdiction; however, an individual must have established a reputation as a safety expert among his or her peers.
Although a safety expert may be called to testify in any type of trial, the most likely scenarios in the United States’ judicial system are a civil lawsuit for personal injuries or a workers’ compensation administrative hearing. A personal injury lawsuit is founded on the premise that the defendant was negligent, or that he or she failed to exercise reasonable care in the circumstances. If the defendant is a shop owner, for example, reasonable care may include putting in place reasonable safety precautions throughout the store, and failure to do so could result in liability. A safety expert could be called in to testify about the shop owner’s reasonable safety precautions.
Similarly, an employer is always required to use appropriate safety measures in a workers’ compensation claim. If an employee is injured and believes that his or her employer failed to meet their legal obligations in terms of safety, the employee should be entitled to workers’ compensation benefits. A safety expert may be required to testify at a hearing if the employer contests the claim.
The educational requirements for becoming a safety expert witness will vary depending on the type of testimony the witness is expected to provide. Courts prefer that any expert witness have at least a bachelor’s degree. A construction or industrial safety degree, as well as any engineering degree, may be beneficial. Certification as a firefighter or an emergency medical technician may also be appropriate for anyone interested in becoming a safety expert witness.
Aside from the witness’s educational background, courts will typically require a potential safety expert witness to have extensive experience in the field. Anyone who has worked for the Occupational Health and Safety Administration (OHSA) in the United States, for example, would most likely qualify as an expert safety witness. The court will ultimately decide whether a potential witness can testify as an expert on a case-by-case basis. Before making a decision, most judges will want to hear testimony that the witness is regarded as an expert in the field by his or her peers.