Human Factors Expert Witnesses
Human factors questions sit at the center of many commercial disputes because products, systems, and workplaces succeed or fail based on how people actually use them. Manufacturers and retailers litigate whether product designs, warnings, and instructions adequately accounted for foreseeable use and misuse, while device makers and their human factors consultants dispute the adequacy of usability testing supporting regulatory submissions. Transportation companies, aviation operators, and technology providers contest responsibility for incidents involving operator error, distraction, and interface design, and employers and equipment suppliers allocate liability for workplace incidents involving machinery and controls. In each case, the central question is whether a system was designed with appropriate attention to human perception, cognition, and behavior, and whether the human error at issue was foreseeable.
A human factors expert applies research on attention, perception, decision-making, motor performance, and ergonomics to answer that question. The expert can evaluate whether warnings and instructions were conspicuous, comprehensible, and consistent with recognized design standards, assess user interfaces and control layouts for error-prone features, and analyze how distraction, workload, or training affected an operator's response. In regulatory and contractual disputes, the analysis may address whether usability studies followed accepted protocols and adequately represented intended users. These findings help counsel establish or rebut design and warnings theories, allocate responsibility between users and manufacturers or employers, and challenge opposing opinions that rely on hindsight about what a reasonable user should have done.
Human factors is a broad discipline, and the expert's research and applied experience should match the product, environment, and type of human performance at issue. Our human factors experts include psychologists specializing in consumer product safety, warnings, distracted driving, and attention, along with industrial engineers experienced in manufacturing reliability and risk analysis, and specialists in robotics and human-machine interaction. Others bring aviation human factors and crew resource management experience from full military aviation careers, and the network includes professionals who have worked with the U.S. Department of Labor and the U.S. Consumer Product Safety Commission, many of whom have testified repeatedly on consumer behavior, hazard perception, and driver distraction. Round Table Group has completed more than 75,000 expert searches for litigators, and you can begin the search for your human factors matter by calling us at (202) 908-4500.