Expert Witness Services for slip & fall accidents
Expert witness services are provided by our specialist Ben Powers to support lawyers dealing with pedestrian fall personal injury claims or anti-slip flooring disputes. At all stages Ben aims to provide clear and concise information to instructing parties, interpreting data generated through industry best practice methods to provide evidence upon which the court can rely.
Pendulum slip testing is widely recognised as the only on-site slip testing method suitable for legal proceedings, being the preferred method of the HSE and UK Slip Resistance Group. The Pendulum test forms the basis of his on-site investigations, supported with further measurements and observations of the wider environment as necessary, to determine whether a material surface is 'safe' or 'slippery'. He has over 12 years experience conducting such investigations with more than 8,000 Pendulum tests completed during that time.
In excess of 75 expert reports have been produced by Ben to date and he has given evidence orally in the High Court. He is a practising member of the Academy of Experts so of course his expert witness service complies with the Civil Procedure Rules at all stages and his reports are produced based on The Judicial Committee model expert report.
Service at a glance-Slip accident investigation
- Qualified expert with experience in the field
- Regular involvement in slip injury cases both in English and Scots law
- UK HSE preferred BS 7976-2 'Pendulum' slip testing with appropriate calibration, verification and standard materials data
- Consideration of all factors affecting slip risk
- Expert guidance on the interpretation of slip test data, standards, and industry practices
- Determination of a safe or slippery surface
- Comprehensive and clear CPR compliant report
- Flexible site visit schedules
- Consultancy up to and including trial as required
- Fair and flexible payment terms with itemised invoicing
Synopsis of case history
Dispute over flooring in wet leisure environment
Ben attended site several times to provide expert measurement of slip resistance at a privately owned, council run pool complex. In addition to numerous site visits he met regularly with legal teams, joint and opposing experts, and provided numerous reports. The case was heard at the High Court where he attended for a week and gave evidence orally.
Slip accident on contaminated concrete slab on construction site
Having previously attended site immediately after a nasty accident to conduct testing on the slab, Ben was later employed in an expert witness role to counter the opposing expert’s interpretation of the situation. The other side relied on assertions that the surface was smooth, and that the surface was slippery when wet. Ben's report showed that the surface was not smooth and that the surface was not slippery when wet. He was called to give evidence in court, and the matter was settled a few days before the listing.
Slip accident involving a certified product
A slip occurred on a product certified by Ben as a ‘low risk of slip’ whilst in situ in Australia. He was initially asked to present an expert’s report on the material ramp. He was called to give evidence on the matter in court (via a video link), however the matter was settled immediately prior to the case commencing. The client, bound by a confidentiality clause, could only describe the result as “favourable”.
In addition to the above Ben has also provided expert reports for more than 75 cases. This does not include a similar number of occasions where he have produced CPR compliant slip accident reports for responsible parties in anticipation of a court case arising. He has have conducted approximately 8,000 individual slip risk assessments and product certifications across approximately 750 sites since 2007