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Expert
Witness and Litigation Support
Description
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.
Primatech 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.
Why Contract For An Expert?
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.
Why Primatech?
Primatech is experienced in working with attorneys in
the US and overseas. We understand the legal process and the role of the
expert witness. We can provide technical experts who are trained as
expert witnesses and can present their opinions in the face of often
hostile cross examination, as well as prepare effective expert reports.
Services Offered
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.
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.
Companies or individuals may need access to an
independent third-party expert in process safety, security and risk
management when engaged in business dealings. Primatech can provide
experts to offer opinions on issues involved in the negotiations between
the parties to help resolve differences of opinion. A report may be
prepared or only verbal information may be provided.
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. Primatech can provide written reports as well as verbal
presentations to assist with community outreach.
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