Services — Litigation / Expert Witness

We provide consultations (including assistance with discovery and strategy development), plus expert witness testimony in civil actions involving negligent/inadequate security claims (premises liability). These services are equally available to both defense and plaintiff law firms.

Issues involved typically include crime foreseeability; standards of care; policies, practices and procedures; actions of security personnel; adequacy of security; and proximate cause in the following type venues (not exhaustive):

 

•	apartments	•	gas stations
•	bars and nightclubs	•	hotels, motels and resorts
•	"big box" retail stores	•	parking lots and garages
•	convenience stores	•	restaurants and fast foods (QSR)
•	department stores	•	commerical buildings / properties

We also have extensive practical and litigation expertise, and consult and provide expert testimony on shoplifting detentions and use-of-force issues in both civil and criminal actions.

Our assessments and opinions are based on Ralph Witherspoon's more than 30 years of practical, hands-on security and loss prevention experience. In forming his opinions Ralph uses a methodology that one U.S. District Court accepted, stating it "… is reliable, and its use is relevant to the case at hand" (as established by the U.S. Supreme Court in Daubert and Kumho Tire). (Download a printable PDF of the opinion.)

During these 30 years Ralph has conducted many hundreds of security surveys and premises liability assessments at many types of properties and facilities throughout the United States. He has conducted many hundreds of criminal investigations. Ralph is an active security and loss prevention practitioner consulting on security management, physical security, training, and litigation avoidance. He is a Certified Protection Professional (CPP) denoting Board Certification in Security Management, and Ralph has also been designated a Certified Security Consultant (CSC).

When requested to prepare a written report, Ralph provides clear, focused, understandable reports that address the relevant issues in a way that a judge, arbitrator or other reader can understand.

Ralph has consulted to attorneys on over 200 civil litigation cases in more than thirty states, plus the District of Columbia and Puerto Rico, and has a broad understanding of the case law in the security/loss prevention field.

Attorney Comments

Asked about Ralph's consulting services, Attorney Katherine M. stated:

"Your knowledge of the issues bearing on crime foreseeability and the case law of many states was key to our [achieving a successful outcome]."

Attorney Michael M. wrote about Ralph's case analysis and Expert Report:

"Thank you for your report on the B__ case, it was very insightful and helpful. We [were able] to settle the case last Wednesday."

Attorney Mitchell F. stated about Ralph's testimony:

"I was genuinely pleased with your performance at trial and the presentation of your opinions to the jury. The court clerk (an experienced observer of witnesses and jury reactions) was very impressed with how well your testimony came across to the jury. He said the jury seemed both to like you and to accept your opinions."

If you have a current security litigation or arbitration case, or anticipate such a case, please call us to determine if our expertise matches your issues, and to see how we can help. There is no fee for a brief initial telephone discussion.

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