Rather than first addressing when an expert is required in a trip and fall injury case, I am going to start with why it's important. First and foremost, COST! Experts are extremely expensive. Injured people have to pay to hire an expert and have a report prepared. Injured people also have to pay the expert to appear at a trial and provide testimony. What people don't realize is that Trials don't happen as planned. If you receive a trial date, you can expect your trial to be rescheduled two or three times before you actually have your day in Court. If your expert is scheduled to appear, each time they have to reschedule, that costs injured people cancelation fees. They also have to pay for the actual day of testimony as well.
These costs make litigating cases extremely expensive. If the value of the injury does not exceed the cost of the experts, injured people may not be able to pursue compensation. This is not fair for the people who have been injured.
Who wants experts to be required?
INSURANCE COMPANIES! The more expensive it is to pursue an injury case, the less likely an insurance company will have to pay for an injury. They can then offer small amounts to settle a case because they know it will be too expensive for the injured person to file suit and go all the way to trial.
When are experts required?
"Expert testimony is generally required where an issue the jury must decide ‘is beyond the common knowledge or understanding of the lay juror.'” Clairmont v. Amer Sports Winter & Outdoor Co., 2017 WL 5329484 (Mass. Super. 2017) (quoting Commonwealth v. Sands, 424 Mass. 184, 186, 675 N.E.2d 370 (1997))."
How is this applied?
In the case of Romecevich v. Armbruster, et al., (U.S. Dist. Ct. MA 1:21-cv-11656-IT), the plaintiff alleges to have been injured due to a single step down into an adjacent room in a house. These steps are often referred to as sunken living rooms. The defense attorneys argued that the injured person needed an expert to say the step was unreasonably dangerous. They filed a Motion with the Court to have the case dismissed for not having an expert.
The Court analyzed the situation on the standard of whether the step was "beyond the common knowledge or understanding of the lay juror," and the Court held a "juror likely has experience walking through unfamiliar houses with steps. A reasonable jury could conclude, without an expert’s opinion, whether or not the step between the hallway and the family room was a dangerous condition...."
This is a big win for injured people in Massachusetts. This does not mean Ms. Romecevich will win her case. A jury may not agree that the step is unreasonably dangerous. However, it allows Ms. Romecevich to have her day in Court. And it allows other injured people to have their days in Court. It forces insurance companies to make fair offers. And it shows the Courts have faith in the citizens of Massachusetts to understand common situations and make appropriate conclusions.
If you have been injured, you need to talk with an attorney immediately. The insurance companies will do everything they can to prevent your from being compensated. You need an experienced attorney like Andrew Silvia to help. Please contact the Law Office of Andrew T. Silvia, LLC for a free consultation at (508) 960-9686. Andrew will meet you in-person, by phone or through Zoom.
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