The credibility of your expert witness can make or break a premises liability case. This guide outlines the key criteria attorneys should evaluate when selecting an expert — and the questions to ask before signing an engagement agreement.
The expert witness you retain for a premises liability case will be scrutinized by opposing counsel, evaluated by the court under Daubert or Frye standards, and ultimately judged by a jury on the basis of their credibility, clarity, and the quality of their direct experience. Selecting the wrong expert — one who lacks relevant operational experience, has a history of being excluded, or cannot withstand aggressive cross-examination — can be fatal to a case that would otherwise be winnable. This guide outlines the key criteria for selecting an airport expert witness and the questions every attorney should ask before signing an engagement agreement.
Direct Operational Experience: The Non-Negotiable Criterion
The single most important criterion for an airport expert witness is direct, hands-on operational experience in the type of facility and the type of operations at issue in the case. An expert who has spent their career in academia or as a professional consultant — without ever having managed the day-to-day operations of an airport, supervised maintenance crews, or made real-time decisions about hazard response — will struggle to explain the standard of care with the authority and specificity that comes from direct experience. Opposing counsel will exploit this gap at every opportunity.
- How many years did you work in airport operations or maintenance?
- What was your specific role, and what were your direct responsibilities?
- Have you personally managed the type of operations at issue in this case?
- What specific facilities have you worked in, and at what scale?
Credentials and Certifications
Relevant credentials and certifications strengthen an expert's qualifications and provide objective benchmarks for the court to evaluate. For airport premises liability cases, relevant credentials include contractor licenses, OSHA certifications, ADA compliance training, and industry association memberships. These credentials are not a substitute for direct operational experience — but they complement it and provide additional markers of professional competence.
Prior Testimony History
An expert witness's prior testimony history is a critical due diligence item. You should request a complete list of all cases in which the expert has testified at deposition or trial in the past four years, including the case name, jurisdiction, and the party that retained them. Review this list for patterns: Has the expert been excluded under Daubert or Frye? Have their opinions been criticized by courts? Do they testify exclusively for plaintiffs or defendants — suggesting a hired-gun orientation rather than genuine objectivity?
Communication Skills
An expert witness who cannot explain complex technical concepts in plain language — to a judge, a jury, and opposing counsel — is a liability rather than an asset. Before retaining an expert, ask for a sample report and, if possible, a sample of their deposition or trial testimony. Evaluate whether they communicate clearly, whether they stay within their area of expertise, and whether they can handle aggressive cross-examination without becoming defensive or evasive.
Availability and Responsiveness
Expert witness engagements require significant time and attention — site inspections, document review, report preparation, deposition preparation, and trial testimony. An expert who is overcommitted, difficult to reach, or slow to produce reports creates unnecessary risk for your case and your client. Discuss availability and turnaround times before signing an engagement agreement, and confirm that the expert has the bandwidth to give your case the attention it deserves.
The Engagement Agreement
A clear, well-drafted engagement agreement protects both the attorney and the expert. It should specify the scope of the engagement, the fee structure (retainer, hourly rate, deposition fee, trial fee), the expected deliverables and timeline, the expert's right to withdraw if asked to provide opinions outside their area of expertise, and the attorney's obligation to provide complete and accurate information. Review the agreement carefully before signing, and ensure that the fee structure is consistent with your client's budget and the expected scope of the engagement.
Need an Expert Witness for Your Case?
Paul Gaston, Ryan Dahlstrom, and Preston Rideout are available for plaintiff and defense engagements nationwide. Initial consultation at no charge.
