Engaging an Expert: The Technical Report That Forms the Foundation of a Strong Defense
When you bring on a spill burn expert witness to consult on litigation relating to hot beverage spill burns, you’re not just bringing someone to speak up at a trial. You are engaging someone who provides credibility, practical knowledge, and decades of relevant experience.
As a subject matter expert witness at trial, I provide clients with a technical report based on the facts of the case that forms the basis of a strong defense.
Read on to learn how this key piece of evidence for the defense speeds up cases and protects businesses.
Structure of the report
Within a formal template that lays information out clearly and concisely, the technical report is customized to each case. It’s written only after reviewing all available evidence. I regularly go into the field to collect data on site, or can commission testing through our sister company, Coffee Enterprises. I respond to every one of the plaintiff’s assertions with scientific authority addressing the exact circumstances of the hot beverage spill burn underlying the litigation, including relevant book and article references, standards and operation for the exact brewing equipment involved, and case law citations.
Each report features four parts:
- Introduction. This presents my background and credentials for determination as an expert under the Daubert standard. As a third party (whose allegiance is to the facts rather than to the defendant), this validates my authority to base my conclusions on an objective analysis.
- Statement of opinion. This section allows me an opportunity to refute claims from the plaintiff that are not grounded in science. Here I can define terms and outline industry standards and best practices (such as the ideal brewing and serving temperatures of hot beverages) that the plaintiff may be misusing in their claim. For example, lawsuits often claim that a beverage was “steaming” when in fact, it was water vapor resulting from the beverage simply being warmer than the surrounding air—think of a lake on a cool fall morning—which can happen at liquid temperatures far below what would be required for steam.
- Analysis. This section objectively lays out the information needed to support my conclusion. It goes into great detail to outline facts about hot beverage brewing and serving best practices, the science behind brewing hot beverages, and supporting details backed by data and research. Here I outline why coffee, tea, and other hot beverages have to be brewed and served at temperatures capable of causing third degree burns, and other factors that go into determining the severity of a burn.
- Conclusion. This concise and explicit summary is based on facts and written in plain language. It’s clear and to the point, presented in layman’s terms for lawyers, judges, and jurors to understand whether negligence, product defect, or equipment failure (as asserted by the plaintiff) were at play.
How the technical report benefits your case
- The technical report presents unbiased facts and data that provide the “antidote” to graphic images and reports of injury and trauma designed to garner sympathy for the plaintiff. Let me be clear: hot beverage spill burns are serious and I have no desire to make light of this pain and suffering. That’s why I am dedicated to helping businesses use best practices for serving hot beverages to avoid accidental spills in the first place. However, placing undue blame for these serious outcomes, and claiming negligence where there was none, is not an appropriate response. My report serves to balance the emotion with facts to protect businesses that have done nothing wrong.
- A strong refutation of a plaintiff’s complaints can:
- increase the chances of the case being dismissed in summary judgement due to lack of standing
- persuade the plaintiff to settle when the prosecution sees a mountain of evidence that undercuts their case, or that they don’t have the time or resources to refute
- reduce settlement amounts
- bolster chances of success should a case go to trial
In these outcomes, a compelling, evidence-based expert conclusion saves lawyers time, saves a business money, and protects a brand’s reputation.
Spill burns are no laughing matter for any of the parties. Plaintiffs may be suffering, and it can also be stressful and terrifying for a business facing litigation. The technical report is one component of how enlisting an expert can support your defense by promoting the facts surrounding an unfortunate accident.
Are you facing litigation related to a hot beverage spill burn? Or do you represent a business or industry serving hot beverages? You may be also interested in these blog posts:
