Attorneys representing a defendant or plaintiff in landscape, arboriculture, horticulture, site development and construction related legal suits often use a professional landscape construction expert witness to explain, substantiate and resolve complex construction issues. When construction defect, malfunction, negligence, general and subcontractor conflicts occur, an experienced forensic landscape expert witness is needed to assess and make standard of care determination.
In landscape, horticulture, arboriculture or site construction and development, standard of care is applied pertaining to defendant and plaintiff positions. Standard of care is defined as the degree of care an ordinary, reasonable, and prudent person would exercise in given circumstances. The standard is used as a test of liability in cases of negligence, this standard is not applied uniformly on all persons because varying degrees of reasonableness may be expected from differing individuals, such as a minor, an unskilled person, a trades person, contractor or a professional.
Therefore a plaintiff claim of construction negligence must prove the contractor did not meet or satisfy the standard of care expected of knowledgeable professional contractor. Conversely, the defendant will establish satisfaction of the industry standard of care expected of their business and professional status.
Determination of standard of care in construction and landscape cases demands an experienced forensic landscape expert to unravel the complexity of mitigating issues that usually accompany a construction defect case. Whether a defendant of plaintiff case, understanding and determining standard of care is essential for the defendant or plaintiff to prevail.
In his monthly expert witness publication, Jeremy Rappoport, President and founder of Rappoport Development Consulting Services LLC, addresses the topic of defendant or plaintiff expert specialization. Below is the article introduction:
"When I began offering landscape, horticulture, arboriculture and site development forensic expert witness consulting services throughout California, a business associate asked which “side” I worked for, the defendant or plaintiff. He did not want to refer the incorrect potential client to me. My answer to him then remains the same now, it does not matter whether a defendant or plaintiff client, I provide impartial expert opinions based on discovery, due diligence and the technical knowledge and experience I bring to the case."
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