The Practice of Forensic Human Factors/Ergonomics and Related Safety Professions

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  • Format: Paperback
  • Copyright: 2008-11-01
  • Publisher: Lawyers & Judges Pub Co

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This book teaches about the role of the forensic human factors/ergonomics practice in investigation and trial including the main liability areas and aspects of work practice such as interviews, reports, gathering evidence, site visits, statements, depositions, testimony, and more. Both plaintiff and defense case examples are used extensively throughout the book . Appendices give examples of reports, depositions, fee agreements and more.

Author Biography

Melvin H. Rudov, Ph.D., ABPP (Forensic), CPE is a retired human factors/ergonomics (HF/E) professional. Dr. Rudov received his Ph.D. in 1964 from the Ohio State University where he was amongst the very first to receive a graduate degree with emphasis in the field. Following receipt of the Ph.D. degree, Dr. Rudov worked in research laboratories at Wright-Patterson Air Force Base in Dayton, Ohio and subsequently was a pioneer in establishing consulting companies in various aspects of HF/E, including the practice of forensics. Dr. Rudov is a fellow of both the Human Factors and Ergonomics Society as well as the American Psychological Association. He is a founding member of the Board of Certification in Professional Ergonomics (BCPE). In addition to his recent forensic practice, Dr. Rudov taught HF/E courses for many years in the graduate school of public health at the University of Pittsburgh.H. Harvey Cohen, Ph.D., CHCM, CPE is the Senior Partner of Error Analysis, Inc. He received his Ph.D. in Human Factors/Ergonomics from North Carolina State University in 1972 while working as a post-doctoral research scientist with NASA at the Langley Research Center in Hampton, VA. Dr. Cohen later became a senior research scientist with the National Institute for Occupational Safety (NIOSH) in Cincinnati, Ohio prior to forming his own human factors and safety research and consulting firms in 1977. Dr. Cohen is board certified in human factors and safety, and is a fellow of the Human Factors and Ergonomics Society in the U.S. and the Ergonomics Society in the United Kingdom. He is a founding member of the BCPE and is a scientific advisor on several safety standards committees. He has also held several appointments as Adjunct Professor in graduate schools including the University of Southern California and San Diego State University.Dr. Cohen has written over 150 scientific publications in the human factors and safety fields and is frequently called upon to provide forensic consulting and expert witness services in accident litigation cases, especially those involving slips/trips/missteps and falls, product defects, vehicular and pedestrian accidents, lighting/visibility, warnings/labels, human error and behavioral expectations. During his nearly 40-year career, he has been retained in over 4,000 cases, and has testified in 38 states, U.S. territories and Canadian provinces.

Table of Contents

The Legal Basis Of Forensic Practice
Introductionp. 3
Introductionp. 3
The Nature of a Forensic Practicep. 6
Structure of the American Court and Legal Systemsp. 11
The Structure of the Court Systemp. 11
The Nature of the Legal Matters in Forensic Practicep. 13
Intentional Tortsp. 17
Negligent Tortsp. 18
Strict Liabilityp. 18
Civil Assaultp. 18
Civil Batteryp. 19
Variants Of Tort Lawp. 23
The Rule of Law and the Law of Rulesp. 27
The Rules of Civil Procedurep. 28
Pleadingsp. 28
Discoveryp. 31
Depositionsp. 31
Interrogatoriesp. 36
Requests to Producep. 37
Request to Inspect Evidencep. 37
Requests for Admissionsp. 38
Compelling a Medical Examinationp. 38
Trial Procedurep. 38
The Rules of Evidencep. 42
Forensic Work Productsp. 63
The Intake Interviewp. 63
Opinion Conferencep. 67
Site Visitsp. 68
Pre-trial Statementsp. 72
Forensic Reportsp. 73
Affidavits (Declarations)p. 78
Testimonyp. 80
Technical Content Areas
Premises Liabilityp. 87
Legal Underpinningsp. 88
Premises Liability Accident Typesp. 96
Slips, Trips, Stubs, Missteps and Fallsp. 96
Slip Casesp. 99
Other Premises Injuriesp. 109
Product Liabilityp. 111
Legal Underpinningsp. 111
Specific Issuesp. 119
General Approachp. 119
Misusep. 122
Populationsp. 123
Industrial and Commercial Productsp. 124
Economic Feasibilityp. 127
Warning Issuesp. 128
Designp. 133
Alcohol and Other Forms of Temporary Debilitationp. 137
Learned Intermediariesp. 139
Some General Considerations in Accepting Casesp. 140
Transportation Liabilityp. 141
On-Road Vehicular Accidentsp. 142
Road Factorsp. 143
Signage Factorsp. 146
Vehicular Factorsp. 148
Human Factorsp. 152
Off-Road Vehicular Accidentsp. 158
Railroad Accidentsp. 160
Visibilityp. 163
Soundsp. 165
Earth Vibrations and Directionalityp. 166
Panicp. 166
Signagep. 167
Airplane Accidentsp. 168
Watercraft Accidentsp. 172
Recreational Liabilityp. 179
Playgroundsp. 179
Playing Fieldsp. 183
Amusement Parksp. 184
Swimming Poolsp. 187
An Ergonomics Safety Design Success Storyp. 191
Case Study Factsp. 192
Prevalence of Trunk Entrapmentp. 192
Development of an Ergonomically-Designed Trunk Release Handlep. 193
Test and Evaluationp. 194
Ergonomically-Designed Trunk Release Handlep. 195
Disposition of the Casep. 195
Example of an Expert Affidavit/Declarationp. 197
Excerpts from an Expert Depositionp. 201
Example of an Expert Reportp. 205
Example of a Retention Fee Agreementp. 209
Human Factors and Ergonomics Society and Forensic Professional Group White Paperp. 215
Referencesp. 225
Bibliographyp. 227
Sources of Human Factors/Ergonomics Expertsp. 231
About the Authorsp. 233
Indexp. 235
Table of Contents provided by Ingram. All Rights Reserved.

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