Expert testimony is required to establish the standard of care for a professional unless the issue is within the common knowledge of the jury.
The Supreme Court of South Dakota says that (in certain circumstances) you need to be.
That court wrangled with the evidentiary requirements for professional negligence and breach of contract claims arising from the construction of a clinical research facility in Brookings, South Dakota. The general contractor on the project alleged defects in the design and installation of the HVAC system and suspended ceiling, resulting in contamination and operational failures. The general contractor sued the architect, engineers, and contractors, asserting breach of contract and implied warranties.
Mr. Lund may be contacted at daniel.lund@phelps.com