August EWJ 24 - Flipbook - Page 23
When to Consult a Mechanical
Engineering Expert Witness
by the ForensisGroup- www.forensisgroup.com
A boiler explosion at an industrial plant prompts a
legal case, following major damage and injuries suffered by employees and nearby bystanders. Initially,
the operator's actions come under scrutiny. However,
the case takes a turn with the testimony of a mechanical engineering expert witness. Their high-level analysis of the wreckage uncovers critical design flaws that
contributed significantly to the disaster. Consequently,
the focus shifts from individual operator error to systemic company issues. As true accountability is
assigned, justice is ultimately served.
On top of these tasks, they assist legal teams by
explaining complex technical aspects, formulating deposition questions, and preparing exhibits for the trial.
One of the foremost duties of mechanical engineering
expert witnesses is maintaining objectivity. They must
ensure their testimony is based on scientific evidence
and presented clearly in court to help judges and juries
make informed decisions. Ultimately, their overarching role is to connect intricate technical details with legal
arguments to communicate the truth effectively.
7 Types of Legal Cases Involving Mechanical Expert
Witnesses
Mechanical engineering expert witnesses are catalysts
for clarity in a variety of legal scenarios, such as:
This example demonstrates the crucial role mechanical engineering expert witnesses play in unraveling
complex issues and guiding fair outcomes in legal proceedings. But how can you tell when their expertise is
needed? This easy read explores the specific legal
cases where the contributions of mechanical engineering experts prove indispensable.
1. Product Liability
In product liability cases, mechanical engineering
expert witnesses analyze whether a product was designed or manufactured defectively, and therefore
contributed to the plaintiff's injury. For instance, in
cases involving faulty machinery, the mechanical expert witness might conduct a failure analysis. This
technical process helps identify whether the failure
was due to design flaws, material defects, manufacturing errors, or other factors.
Who can be called a mechanical engineering expert?
Mechanical engineering is the application of physics
and math to design, build, and maintain machines
and mechanical systems. It includes areas like
mechanics, thermodynamics, and materials science to
create everything from small gadgets to large
machinery.
Examples of product liability cases include those
involving consumer products where mechanical functionality is critical, such as with flawed car airbag
systems and malfunctioning medical devices.
A mechanical engineer or mechanical expert is a
professional with substantial knowledge and experience
in mechanical engineering, often holding advanced
degrees in the field. Essential qualifications include a
Bachelor’s, and often a Master’s, degree in mechanical
engineering, alongside licensure as a Professional
Engineer (PE).
2. Construction Disputes
Construction disputes generally involve issues related
to the safety and structural integrity of buildings and
infrastructure. Mechanical engineering experts can
provide insights into the mechanical systems used in
the construction, such as HVAC systems, elevators,
and other mechanical installations. They assess
whether these systems were installed correctly, met
industry standards, and were maintained properly.
In addition to formal education, these experts must
possess extensive practical experience in relevant industries such as automotive, aerospace, manufacturing, and HVAC systems. Membership in professional
organizations like the American Society of Mechanical Engineers (ASME) and the Society of Automotive
Engineers (SAE) is also common. This combination of
advanced education, licensure, practical experience,
and professional engagement qualifies them as
mechanical engineering experts.
3. Workplace Safety Claims
These claims frequently necessitate the expertise of
mechanical engineers to analyze the safety of machinery and equipment used in the workplace. Mechanical engineering experts can investigate whether the
equipment was safe to use, if proper safety protocols
were followed, and if the machinery had appropriate
safeguards to prevent accidents.
The Fundamental Roles and Responsibilities of
Mechanical Engineering Expert Witnesses
Mechanical engineering experts play a critical part in
legal proceedings by providing specialized theoretical
knowledge, proficiency, and practical insights. Their responsibilities begin with pre-trial preparation, where
they meticulously analyze technical evidence, including
blueprints, schematics, and machinery specifications.
For example, in cases involving industrial accidents,
mechanical engineers might evaluate machine guarding, lockout/tagout procedures, and compliance with
safety regulations like Occupational Safety and Health
Administration (OSHA) standards.
During the discovery phase, they review relevant
documents, perform detailed examinations of mechanical components, and conduct different types of
analyses. They then prepare comprehensive reports
that summarize their findings, offering clear and
unbiased opinions.
EXPERT WITNESS JOURNAL
4. Car Accident Cases
One of the ways that mechanical expert witnesses help
identify the cause of motor vehicle accidents is by reconstructing them. Using advanced software, they create simulations and models of the accident to visualize
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AUGUST 2024
