Human Factors and Ergonomic Science in the Courts: Expert Testimony in the Dispute Resolution Process

Abstract

The science of human factors and ergonomics (HF/E) contributes to the dispute resolution process in many ways. HF/E analysis can provide insights into product liability issues, vehicular accidents, industrial accidents, and more. The field is increasingly being recognized by lawyers as a means to help jurors and judges understand why events may have occurred; for example, why someone would use a product or drive a vehicle in a seemingly unsafe manner. Often, probable causes relate to design-induced or system-induced error. To understand the litigation influence of HF/E, we analyzed cases involving HF/E experts. Our findings revealed that: (1) HF/E science is well recognized in the judicial system; (2) competent HF/E experts are viewed as contributing to litigated matters; (3) individuals without HF/E training and experience will not be recognized as HF/E experts; and (4) admissibility demands that the intellectual rigor used for court must be consistent with other discipline-related work.