Who can be qualified as a Swimming Pool Expert Witness?
A swimming pool expert witness is one who testifies in residential, commercial or resort swimming pools cases involving disputes of product liability/incorrect application, construction defects, negligence, wrongful death, injury or illness.
A qualified swimming pool expert witnesses will possess an education and background in swimming pool design, construction, maintenance and operation. Swimming pool expert witnesses include aquatic consultants, watershape consultants, swimming pool contractors, mechanical engineers or structural engineers. The more diverse their training and background, the broader topics their opinions may encompass.
The testimony of swimming pool expert witnesses is governed in Federal Courts by Rule 702, Federal Rules of Evidence. Rule 702 was established by the Supreme Court ruling in, Daubert v. Merrell Dow Pharmaceuticals:
“A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
(a) the expert’s
scientific, technical, or other specialized knowledge will help the
trier of fact to understand the evidence or to determine a fact in
issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.”
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.”
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at: info@aquatictechnology.com or 408-776-8220. Visit his website at: www.aquatictechnology.com. All Contents © Aquatic Technology Pool & Spa, 2013. All rights reserved.
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To contact the author, Paolo Benedetti of Aquatic Technology pool and Spa, email him at: info@aquatictechnology.com or call 408-776-8220.
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