The goal of an expert witness is to explain what happened in an incident to attorneys, judges, and juries.
- He or she renders an opinion as to how and why an incident occurred.
- Attorneys, a judge, or jury will use opinions of experts to better comprehend what happened and assist in their decisions .
A good expert is neutral between plaintiff and defendant.
- He must find and state facts based on study of relevant documents, videos, testimony, site inspections, horse evaluations, and any other source.
- Facts are the keys used to form an opinion.
- Disputed facts must be dissected to discover veracity.
- Circumstantial evidence may clarify the most likely true facts and lead to a conclusion of what really happened.
Often practices followed when an incident occurs are compared with industry standards.
- Equine industry standards can be determined by guidelines covered in instruction, examination, and certification programs offered by many equestrian organizations.
- In the United States there is no national licensing program for trainers, instructors, or facilities other than these non-government organizations.
- There are also numerous university studies on horses, horse management, and equestrian activities which can be used to document facts about horses and practices in the equestrian industry.
Standards do evolve.
- What was common fifty years ago can be unacceptable today.
- What was common practice in remote regions may be unacceptable based on modern industry standards.
- Equestrians are obligated to adjust to current standards no matter where they operate.
Accidents do happen in operations meeting the highest policy and practice standards.
- Horse activities are recognized as high risk due to the size of horses and their natural behavior.
I enjoy discussing an incident with attorneys well before a suit is filed or early in the case.
- No fee is charged.
- The case may prove too deficient to move forward or of a very serious nature where there will be an obvious result.
- I am often not hired in either situation.
- However, fewer frivolous suits filed is a good thing and letting attorneys know when they have an extremely serious situation is beneficial for them and their clients.
- It is good to not be hired when there is no need or when facts fail to support the goal of a client.
It is very important to me that I make my best effort no matter where the facts may lead.
- My work is split about 50% for defense and 50% for plaintiff.
- I will often play devil’s advocate with my employing attorney to see how facts may appear to the opposition.
- My opinions are based on facts tempered through fifty plus years of professional equestrian experience and education.
Horses and students remind me daily of the realities of working with them.
- Documented policies, processes, and standards are great foundations, but the reality of daily action brings focus to truly important points.
- Assisting the legal system is a way I can give back to the equine industry what my lifetime with horses has given to me.
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