Forensic, General & Medical
Expert Witnesses

Expert Witness Explains Defective Brakes and Product Liability Standards

     By HG.org

Defective brakes and other machine malfunctions within vehicles is serious for drivers and passengers. When injury or death is the result of these complications, it is important to hire an expert witness that is able to explain the standards for product liability and why these incidents are important in the courtroom.
Any defect found in an entire series of vehicles could result in widespread damage and numerous civil suits. When the matter is complicated with multiple procedures and pieces of evidence that may be confusing, an expert witness is generally hired. This professional has the knowledge and experience in brake parts, defects in manufacturing and the product liability standards that the judge, jury and lawyers are unaware of with cars. Through his or her methods and testimony, it may become clear who is responsible for the incident, why compensation is necessary and how serious the matter is.

Defective parts on vehicles generally cause severe injury and death, and when incidents transpire with other traffic, extensive damage is caused along with death in certain instances. These events often require the assistance of an expert witness to explain the evidence discovered and determine the liable party. For defective parts, this could be the manufacturer. If the dealership knew of a malfunction, the owner could be responsible. In some accidents, there are other factors such as weather or road construction, but defects in brakes may ensure maximized damage and injury. An expert witness becomes essential in these claims.

What are Defects?

Any product manufactured has a certain percentage of defective parts or pieces possible depending on product standards. When various processes are involved, this percentage is held at a very low guideline. This could affect drivers when brakes have defects or malfunctions, but the amount of individuals involved is often lower than the acceptable liability in these matters. For litigation, the owners and management of the manufacturing company regard so many hundreds of thousands an acceptable loss in monetary settlements. However, even if defects exist in brakes and other vehicle parts, fewer accidents may transpire through these complications.

Defective parts could be from a faulty design, a product line in part so that only one batch has been affected or an entire plant may have machinery that has caused thousands of incorrectly made products. For the driver and passenger, this could lead to an accident where the brakes fail to stop the car. The resulting litigation case may be successful for the injured when the evidence is presented and correctly proven to be a defect in the brakes. An expert witness is usually hired to explain these matters clearly to the judge or jury panel.

Standards, Defects and Liability

An expert is usually hired when a defect in brakes causes injury or death. He or she may need to employ scientific methods to discern what actually occurred such as a defect in the materials, parts or the design. When standards are not adhered to, the manufacturer or vehicle dealership could be liable for damages. The evidence must be examined thoroughly with a possible reconstruction of the incident. After all processes have been completed, the expert may then formulate an opinion on what transpired and explain to the courtroom through his or her testimony how one party is liable in the accident due to a defect in the brakes.

If the cause is found, the professional hired may have enough information to discover if product standards were followed, if the defect was intentional or if other factors were present in the incident. While some litigation claims may fail due to insufficient evidence, defective parts could be traced back to a company or individual depending on certain elements discovered by the expert. Many injuries suffered through defective brakes are tracked directly to the manufacturing business that fashioned the brake pads or parts. If this is revealed for the claim, compensation could be possible by explaining how the company is at fault for the injuries or death from faulty brakes.

Defect Expert Witnesses in Brake Cases

The expert witness may be pivotal in discovering certain aspects of the claim that could be used against the responsible party. However, his or her testimony is often given greater weight than other witnesses due to his or her experience and knowledge in defective brakes accidents. Through this testimony, the judge or jury may have greater awareness of the defect, the injury sustained and who is liable. This may lead to an informed deliberation.

Copyright HG.org


While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

Find an Expert Witness