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Shawn DeRosa has been retained by law firms
(both plaintiff and defense) for expert witness services related to
swimming pool and beach catastrophic events, including drowning.
Given his background in helping to develop the
American Red Cross Lifeguarding Program in 2000, the CPR/AED for the
Professional Rescuer program in 2002, and the Red Cross Lifeguard
Management program in 2003, Shawn has been particularly helpful in
providing expert services in the field of water safety, lifeguarding
and drowning prevention. Because he has operated both public
and semi-public swimming pools for nearly 20 years and has provided
training to waterpark owners and operators in Mexico and pool
managers in Hong Kong, Shawn brings an international awareness of
water safety practices to his clients. Shawn
DeRosa has been asked to perform the following expert services:
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Legal Orientation -
Shawn has provided general water safety information to attorneys
regarding relevant standards of care in the industry. This
water safety orientation helps focus attorneys on specific
causes of action that may be supported by the facts of their
case including, failure to supervise staff, failure to supervise
patrons, negligent hiring, negligent administration, wrongful
death, and potentially gross negligence.
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Deposition
Preparation - Attorneys are not
generally familiar with standards and common practices of the
pool, waterpark or beach industries. Without first talking with
a water safety expert, attorneys are not truly positioned to
make the best use of their limited opportunities to depose
witnesses. Deposing a witness without first determining what
information your expert needs to render an opinion can result in
a deposition with limited value to the reviewing expert.
Often, attorneys fail to make inquiries into very relevant areas
of managing an aquatic facility simply because the attorneys
didn't have adequate preparation as to how a facility should be
managed. When an expert lacks evidence of a facility's water
safety and lifeguard training practices, the expert's opinion
may be limited. By speaking with an expert in
advance of depositions, attorneys maximize their
time and the value of the deposition while also helping discover
evidence that could be helpful to their expert in supporting
their side of the case. This also avoids the need to
recall witnesses for subsequent depositions, which may be
limited by your state's rules of civil procedure.
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Site
Review - A critical aspect of any case is the on-site
review of the facility in question. This on-site
evaluation allows your drowning or aquatic safety expert to
measure distances, get a "feel" for the facility size and zones
of lifeguard coverage, and it allows for actual observation of
facility equipment and environmental factors which may have
played a factor in the incident. Further, an on-site
evaluation lends credibility to your expert's opinion and avoids
the potential embarrassment when your expert is asked, "Well,
Mr. Expert, have you even visited this facility at ANY point
prior to rendering your opinion as to how it should have been
operated?"
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Pretrial Litigation
Assistance - Involving an expert early on in your case
is critical. Not only can you retain qualified experts
early on as part of your overall trial strategy, but you can
then use those experts to help you refine your discovery
requests. As a water safety expert, Shawn DeRosa has been
asked to help refine Requests for Production of Documents,
provide questions to be asked in Interrogatories, and most
importantly guide attorneys through a line of questioning in
preparation for witness depositions.
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Expert
Opinion - Water safety experts should have a unique
background, special skills, training, and education needed to
qualify them as experts in their field, thereby allowing these
experts to give opinion testimony at trial. However, most
cases don't actually reach trial, but rather turn on expert
testimony in two primary forms: the expert's written opinion
and the expert's deposition. Shawn DeRosa
has issued written opinions and provided deposition testimony in
a variety of drowning-related cases.
Among
the most important decisions you may make with regard to your case
may not be whether
to bring in a water safety expert, but rather
With Shawn DeRosa's strong
expert testimony and case analysis, you will arm yourself with the
tools needed to win a fair settlement or jury verdict.
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