---
title: "Human Factors Expert Witness Improperly Relied on Studies Regarding the Climbing Abilities of Children"
meta:
  "og:description": "Human factors expert witness did not sufficiently explain why study results for three-year-olds are relevant instead of two-year-olds’ abilities to climb various barriers"
  "og:title": "Human Factors Expert Witness Improperly Relied on Studies Regarding the Climbing Abilities of Children"
  author: "Expert Witness Profiler"
  description: "Human factors expert witness did not sufficiently explain why study results for three-year-olds are relevant instead of two-year-olds’ abilities to climb various barriers"
---

# Human Factors Expert Witness Improperly Relied on Studies Regarding the Climbing Abilities of Children

Posted on December 31, 2024 by Expert Witness Profiler

Plaintiffs Kyle and Annaleah Justice raised claims of negligence and strict liability against Defendants Bestway (USA), Inc. and Rural King under the Missouri Wrongful Death Statute. Plaintiffs’ claims arose from the drowning death of their minor daughter, E.M.J., in an above-ground pool on August 3, 2019.

On March 10, 2022, Bestway USA filed a Third-party Complaint against Thirdparty Defendants, Mary and Patrick Flake, E.M.J.’s grandparents and the owners of the pool in which E.M.J. drowned. Bestway USA raises two claims against the Flakes: Count I for Premises Liability and Count II for Negligence.

On August 25, 2023, Defendant Rural King filed a Third-party Complaint raising four total claims against the Bestway Entities: Count I – Negligence against Bestway Hong Kong; Count II – Negligence against Bestway Inflatable and Materials Corporation; Count III – Strict Liability against Bestway Hong Kong; and Count IV – Strict Liability against Bestway I&M.

[Kevin Rider, PhD](https://expertwitnessprofiler.com/expert-witness/Kevin-Rider/1513297), is a human factors and engineering expert retained by Third-party Plaintiffs Mary and Patrick Flake. He was retained “to determine if the subject pool was safe for its intended use, particularly as it relates to other expert opinions that have been provided regarding the same.”

Rider explained that the Flakes and Justices had removed the ladder from the pool which should have provided an effective guard. He added that the effective height of the subject pool wall failed to provide the safety intended by relevant standards and created an unreasonable risk of harm to toddlers.

The Bestway Entities argued that Rider’s opinions should be excluded because they are not based on sufficient facts and data, are not the result of a reliable application of a methodology to the facts, and are speculative and unhelpful to the jury.