Bystander (In Relation to Product Liability)
In legal terms, a bystander is an observer to an action who is not a participant or otherwise connected with the incident. Nonetheless, bystander testimony can be significant when if comes to proving an argument in a court of law, whether as part of a criminal trial or civil
litigation.
In the case of an accident or workplace malfeasance, it is wise to get names and contact information of any and all bystanders so they can be issued a subpoena (order to appear in court) if testimony is required.
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On the other hand, such bystander testimony can be highly subjective. If for example, a co-worker had observed a plaintiff working under hazardous conditions and has had no problem with the company, s/he might be a reliable source of testimony. However, if this bystander has been in conflict with management or was recently terminated against his/her will, the defense will use such information to cast doubt upon the reliability and objectivity of such a witness.
Bystanders may be reluctant to get involved for several reasons. They may feel the issue is of no concern to them; they may be afraid of retribution of even being sued themselves.
If you are considering having your legal counsel call upon a bystander to testify on your behalf in a civil proceeding, you may wish to have him/her present their evidence at a deposition. This is a procedure that takes place outside of a courtroom, where a witness' testimony is recorded for later use. Despite the fact that such testimony is given outside the courtroom, it is given under oath and has the same weight as evidence presented on the witness stand.
Getting bystanders' testimony at a deposition can give your counsel time and opportunity to evaluate such evidence and determine ahead of time and determine whether or not it will be helpful to your particular case.