As an expert witness called to testify by attorneys in numerous drowning or near-drowning cases, I’ve observed a victim’s family members attempt to ease the pain of losing (or almost losing) a loved one by finding someone to blame. In certain cases, a lifeguard or pool manager failed to perform his or her duties, or a facility didn’t provide a reasonable standard of care, and the finger-pointing is justified. At other times, however, the tragedy is exactly that: a tragedy. And tragedies occur in and around water quickly—with little or no warning.
But even an accidental drowning doesn’t make it any easier to see the pain in a parent’s eyes. The responsibility of an expert witness includes educating attorneys for both the plaintiff and the defense regarding a specific case’s merit. In the past year alone, I have turned down more than 50 cases—informing attorneys that, as heartbreaking as the incident is, “Your side is not the right side.” I simply do not believe many of the cases brought to my attention should even be cases.
I reach that conclusion by asking attorneys a definitive list of questions, beginning with the basic “who,” “what,” “when,” and “where.” Then, before I accept or refuse the case, I start digging for answers to more detailed questions that a defense attorney—or more likely a plaintiff’s attorney—will eventually ask aquatic administrators and staff members when a pool tragedy occurs. Here are five of those questions: