Expert Technical Witness - Legal Support Services

Process safety and risk management regulations have been in place since the late 1980s at the state level and the early 1990s at the federal level.

While such programs are expected to decrease the likelihood and severity of potential accidents, they cannot prevent all accidents. When the inevitable accidents occur, it is possible that litigation will result. A central element in litigation will be the Process Safety and Risk Management Programs that were established to prevent accidents. Issues arise regarding both the design and implementation of the programs. These issues can be complex and highly technical. Thus, both plaintiffs and defendants usually need access to the expertise and opinions of experts.

Process Risk applies its expertise in process safety, security and risk management to provide opinions on the design of process safety, security and risk management programs. In particular, we can assess the degree to which programs comply with applicable regulations and prevailing industry standards.

Services Offered

Litigation support

We provide an opinion on key issues identified by attorneys by reviewing documentation, usually under privilege. We submit either a verbal or written report, as requested. This process may continue as the case proceeds and may result in our expert being declared as a witness in the case.

Expert opinion and testimony in litigation, permit hearings and administrative proceedings.

We provide an expert report on technical issues on which we have been asked to opine and testify on the report and its conclusions in pre-trial depositions, in court, or in a hearing.

Third-party reviews.

Companies or individuals may need access to an independent third-party expert in process safety, security and risk management when engaged in business dealings. We can provide experts to offer opinions on issues involved in the negotiations between the parties to help resolve differences of opinion. 

Community outreach programs.

When companies experience a process safety accident, the confidence of the local community and stakeholders is often shaken. Sometimes, companies mount an outreach program to provide information on process risks to those who need to know to help demonstrate and provide assurance that the risks are tolerable. Since the accident may have resulted in the credibility of the company and its personnel being questioned, the assistance of an independent third-party expert who can present information on the risks posed by the facility may be beneficial. 

Other Information

When litigation arises out of process safety accidents, the stakes can be considerable. Regulators can impose penalties in the millions of dollars. Potential legal settlements can reach into the billions of dollars. Company charters to operate may be at stake. In criminal litigation, managers may face the prospect of incarceration in prison. In the face of such risks, litigants must access the best available technical expertise to assist them in their decision-making and to help support their position where the expert is able to do so.