Daubert Expert Testimony Standard

What Is the Daubert Standard?

In complex Florida real estate litigation involving construction defects, environmental contamination, or property valuations, both sides rely heavily on expert witnesses. But not all "experts" are created equal. The Daubert standard is the judicial gatekeeper test that determines whether an expert's testimony is scientifically reliable enough to be heard by the jury.

Named after the landmark 1993 U.S. Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, the standard requires the trial judge to evaluate the expert's methodology before allowing them to testify. Florida formally adopted the Daubert standard in 2013 (codified in Florida Statute 90.702), replacing the older, more permissive Frye standard.

The Daubert Factors

Under Daubert, the judge evaluates the expert's testimony using several factors:

1. Testability — Can the expert's theory or technique be (and has it been) tested?
2. Peer Review — Has the methodology been subjected to peer review and publication in scientific journals?
3. Error Rate — What is the known or potential rate of error of the technique?
4. Standards — Are there controlling standards governing the technique's application?
5. General Acceptance — Is the methodology generally accepted within the relevant scientific community?

Real Estate Applications

• Construction Defect Cases — A structural engineer testifies that the building's concrete is failing. The opposing side challenges the engineer's testing methodology under Daubert.
• Appraisal Disputes — A property appraiser uses a novel valuation method. Daubert determines whether the jury can hear it.
• Environmental Contamination — A toxicologist testifies about soil contamination levels. The defendant challenges whether the testing protocol meets Daubert's reliability threshold.

Related Terms

• Deposition — Where expert testimony is first challenged before trial
• Appraisal — Expert valuations subject to Daubert scrutiny
• Construction Defect — A case type heavily dependent on expert testimony

Barnes Walker Expert Witness Strategy

Barnes Walker's trial attorneys both retain and challenge expert witnesses under Florida's Daubert standard, filing aggressive motions to exclude unreliable opposing experts while ensuring our clients' experts meet every reliability threshold required for admission. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC