Establishing fault in a product liability case is a complicated matter. You must prove that a manufacturer, seller, or distributor was negligent in the manufacturing and/or selling of a defective product. This can involve documentation, tests, and analysis. It is important that an expert witness be retained early in a case to help direct any investigations and testing, point out sources of information, and help an attorney develop a theory of a case. A good expert witness can help make or break a product liability case.
What is an Expert Witness?
An expert witness is an individual who is a specialist in a subject. An expert witness is qualified based on his or her specialized knowledge, training, skills, and expertise to formulate a conclusion. An expert witness gives his or her opinion on particular matters within their expertise that are in dispute.
Why do you Need an Expert Witness in a Product Liability Case?
In proving a product liability case, it must be shown that:
- The product at issue was defective or dangerous
- The defective or dangerous product caused injury to the plaintiff
- The product’s defectiveness or dangerousness was the direct cause of the injury
Proving a product liability case is challenging and can often require a lawyer to communicate complex scientific and technical details to a jury. An expert witness with knowledge and proficiency that relates to the case should be able to help the lawyer and the jury understand the in-depth technical details of a dangerous or defective product. Expert witnesses can talk about the physics of a product and how it works or how it may harm someone. An expert witness can also provide an analysis of schematics and other technical documents. An expert can also explain to a jury how a product could and should have been made safer.
Types of Expert Witnesses in a Product Liability Case
The type of expert witness used in a product liability case will depend entirely on the kind of product in question. Common types of expert witnesses in a product liability case include:
- Accident reconstructionists—especially useful in cases regarding automobile defects
- Engineering experts—different types of engineers can be used to testify about how a product was defectively designed or manufactured
- Manufacturing experts—can testify about a defect that occurred during the manufacturing process
- Medical experts—can testify about the injuries sustained by a plaintiff and what caused the injury
If you’ve been injured by a defective product, your most crucial expert will be an experienced product liability attorney. At Bonina & Bonina, P.C., we have over 50 years of experience helping New Yorkers injured by defective products. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.