Construction Expert Witness Explains How to Reduce Risk at Commercial Properties


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When a construction expert witness is hired for a case, it is to explain various aspects of the building, materials, persons involved and what risks exist with these processes. To utilize a construction expert properly, the lawyer may have him or her detail what may reduce these dangers for the commercial property in question.

Commercial property often exposes the owners or leaseholders to dangers and risks of health and safety when the previous owner or leaseholder did not maintain or ensure upkeep of various issues within the building or on the grounds. Because of these complications, injuries are often a problem that construction sites and commercial locations may incur. These may include sewage backups, contaminants, expose electrical lines and sharp materials that puncture the skin and bone. If the commercial property has not been repaired or maintained in some time, the chances of these risks increases significantly. For victims, a construction expert witness may be required to explain how reducing these issues is important and may save lives and reduce litigation.

Commercial properties that have not been completed before others may reside on the land may have various areas that are in mid-construction. These locations could harm or serious injury those that walk through or stay. A construction expert witness may explain to the court how these injuries could have been prevented, what risks and dangers exist before construction is completed and similar concerns. When the courtroom has a lawsuit in place for a victim from injuries due to the commercial property, the expert may detail how certain actions could have been utilized to avoid these injuries.

The Details that Reduce Risks

With a construction expert hired, he or she may explain all possible aspects of accidents that may occur through construction sites and with commercial properties that are either in disrepair or still under construction. This may include codes, compliance or lack of adherence, costs, defects with materials or design and delays. Each of these elements may involve injuries to others. If the project has been completed, or if the building is older and has various risks due to a lack of maintenance, the expert may explain these concerns in greater detail. This information is usually provided to the courtroom so the judge or jury is better able to comprehend the issues at hand.

Some concerns may involve government contracts, zoning, licenses, permits and building codes. Some construction experts are hired to explain the building codes and how these affect injuries. Some codes are not followed or are in place so others are aware of the date, time and materials used during construction. With buildings in disrepair, some codes are issued so those involved in repairs know what problems exist and what is needed to fix them. With this knowledge about the building, the courtroom may have enough to deliberate for compensation or a remedy for the victim. A resolution to the dispute may lead to clearing the commercial property for future projects.

The Construction Expert in Commercial Real Estate

When a commercial property has been put into a dangerous condition due to disrepair and a lack of maintenance, these issues often lead to injuries. While many persons traveling through the property do so before it has been purchased, some incur wounds when a new owner has possession of the building or land. If he or she has not purchased insurance to protect from guests, he or she may land in the middle of a lawsuit based on known hazards. The more knowledge that exists of these risks, the greater the chances he or she may pay out damages to the injured.

An expert witness that knows about these risks may explain to the owner how the injured individual is owed compensation due to negligence. Or, the issue could be with a duty of care that is owed to those travelling across or through the location. If the state requires repairs of these dangers, the victim may have a stronger case even if there is no duty of care owed because the business is not running. The expert witness is hired to explain to the courtroom how the injuries occurred and why they require compensatory payouts by the commercial property owner.

The Testimony for Commercial Property

Expert witnesses use standard methods and processes to connect evidence and the liable party to the injuries and the victim. Through these procedure, their testimony often explains why compensation is needed and how the opposing side is responsible.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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