How an Expert Witness Can Help Win A Hot Beverage Burn Lawsuit
As hot beverage burn lawsuits—with or without merit—flourish in the wake of the seminal 1990s case Liebeck vs. McDonald’s Restaurants, many companies will find themselves defending against litigation from coffee burns and other hot beverage spills. An expert witness is needed to cut through the myth and misinformation and protect a brand, franchise, or business owner. As a sought-after expert witness and consultant in hot beverage burn cases, I like to say that my job is to help my clients get cases resolved with the least amount of cost and stress possible.
How does an expert witness bolster a hot beverage burn defense?
Present unbiased facts
An expert witness is qualified to outline the facts of the case in a clear, concise, and impartial manner. This enables the fact finder (a judge, jury, or arbitration panel) to arrive at a sound decision that is not swayed by emotion, headlines, or sound bites. Regarding hot beverage spill burns, this would include addressing whether best practices for brewing and safety were being followed, confirming or refuting claimed burn conditions as exposed by photos of a burn, and speaking to the operation and safeguards of commercial brewing equipment.
Persuade settlement
Most settlements in hot beverage spill cases happen in the first 60-90 days, and it is an overwhelmingly common way to resolve litigation to the (relative) satisfaction of—and with the least damage to—both parties.
Hiring an expert witness for a coffee burn lawsuit—or one related to tea, cocoa or other hot beverages—brings in access to evidence that convinces many plaintiffs to settle. It’s a way for lawyers to show the other side that they have facts to bolster their case, including addressing product defect claims regarding brewing and serving temperatures for the hot drink that caused a burn. Hiring an expert witness also signals to the other side that they will need to spend more money to refute their claims—money they will only recoup if they win the case. Early settlement—or even mid-trial settlement, after testimony and prior to judgment—becomes the less risky option.
Break down complicated information
An expert witness puts complicated concepts into layman’s terms for a judge or jury. This also includes interpreting data into real-life terms. As a coffee expert in my field, I often find myself explaining results from a long and wide body of research into how a good cup of coffee is made, how cup design has changed, and the data that goes into determining burn severity based on temperature, time, age, clothing, and more.
Qualities to look for in a hot beverage expert witness
To do their job well, an expert witness in any type of litigation needs to have an array of qualities to back up their claims and perform well in the role. Here are five key traits to look for in an expert witness for a hot beverage spill lawsuit.
1. Expertise.
A hot beverage expert witness must bring deep, functional expertise in the coffee and tea industry that will assist the fact finders to sort through the hype and clearly evaluate the factual merits of the case. They should have professional credentials relevant to their field, a demonstrated authority and up-to-date practical experience with best practices and studies related to brewing and serving, and good knowledge of recent outcomes of hot beverage spill litigation. Published documents, such as authoritative books, journal articles, or white papers, add to their credibility.
2. Impartiality
An expert witness should be wholly unbiased and “on the side of science.” They should not be related in any way to anyone involved in the lawsuit. An expert witness should be willing to discuss with lawyers during consultation whether a hot beverage spill case has merit. If the science and chemistry are on their side, then “working for the facts,” which are unbiased, is what allows the witness to work for that party’s side in a lawsuit. Impartiality allows an expert to work for the defense in one suit, and also for plaintiffs in separate litigation with a distinct set of facts.
3. Experience with litigation.
A hot beverage expert witness should not just have experience in their field, but also with testimony and depositions. Someone with experience on the witness stand knows how to be a supporting actor in the legal drama and not to try to be the star. They aren’t in this for the glory of winning cases. They know how to make their points clearly without saying more than required, as well as when and how to defer questions outside of their scope of expertise.
4. Be unflappable.
Personal presentability and cool demeanor is highly recommended, particularly under cross-examination. Even though a witness may become attached to a case, they must always maintain calm and cool regardless of what happens in the case.
5. Is an “expert” first.
An expert witness should not be a professional witness. The majority of their time should be spent engaging in a deep and practical capacity—getting their hands dirty, so to speak—in the business of coffee and tea.
If you’d like to discuss how your case may be strengthened by an expert speaking to the science, chemistry, and best practices of preparing and serving hot beverages, contact me at (802) 799-2235 for a free consultation.
