Litigation Consulting and Expert Witness Services

We provide consultations (including helping counsel identify document and other evidentiary needs during discovery, and developing relevant questions for interrogatories and depositions); plus, expert witness reports and 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):

 

•	bars and nightclubs	•	hotels, motels and resorts
•	retail stores	•	parking lots and garages
•	convenience stores	•	restaurants / fast foods (QSR)
•	department stores	•	shopping centers and malls

We also consult on shoplifting, detention, false arrest, and use of force cases.

Ralph Witherspoon's assessments and opinions are based on his 40+ years of practical, hands-on security and loss prevention experience. In forming his opinions Ralph uses a proven methodology that two U.S. District Courts in accepting it, found to be "reliable" (FRE 702 and as established by the U.S. Supreme Court in Daubert and especially Kumho Tire). (Download a printable PDF of one court's opinion.)

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 also conducted many hundreds of criminal investigations. While currently concentrating on litigation consulting, Ralph remains active as a 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. Ralph has also been designated a Certified Security Consultant (CSC).

When requested by an attorney to prepare a written expert report, Ralph provides a clear, focused, understandable report that addresses 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, Puerto Rico and the U.S. Virgin Islands, and has a broad understanding of the case law in the security/loss prevention field. He has been qualified and/or testified in state courts in numerous states, and in federal courts in five states.

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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