That's how litigation works, you can hire an expert witness to testify as to some part of the case (and your opponent can cross-examine them). For example, a car accident may have an auto mechanic testify as to the poor maintenance of the brakes that may have contributed to the crash.

As with all court witness testimony, it's up to the jury to decide whether to believe it or not.

Failure is an option if the costs are in dollars and the risk/reward ratio makes sense. Cheap cubesat demonstrators, for example, are usually more valuable done quickly rather than made 800% bulletproof.

When lives or billion-dollar missions are at stake, that's when failure isnt an option.

Satellites typically cost way more than their launch cost. The US Dept of Defense often flies billion dollar satellites on $150M launches