The role of the expert witness has developed, and the liabilities have developed with it.
The potential liability for experts means that the duty should not be undertaken lightly. There have been cases where expert witnesses have inadvertently ‘taken sides’, jeopardising their objectivity and potentially exposing themselves to claims. The key fact of which all professionals should be aware is that the immunity that courts are prepared to grant to expert witnesses is not absolute.
ITIC provides professional indemnity insurance to a wide range of expert witnesses. Some of the assureds act as an expert witness as a regular part of their professional practices.
Some, however, are occasionally asked to act in this capacity without specifically seeking the appointment.
Regardless of how one may arrive in the witness stand, and no matter how confident one may be in a well-researched and thoroughly vetted series of responses, professional indemnity insurance is essential. Should a claim be forthcoming, you will then be prepared, as any expert would be for any eventuality.