Forensic, General & Medical
Expert Witnesses

Expert Witness for a Defective Cell Phone Case

     By HG.org

When a customer that purchases a cell phone suffers injury due to the case or a defect in design or materials, he or she may need to raise a claim through the courts for compensation. With the help and use of an expert witness, he or she may provide sufficient evidence that the defendant is responsible and owes damages to him or her.
Some companies try to keep up with the demand for new phones every so many months. Unfortunately, sometimes, this leads to defective design or batches that could harm the customers after they use the product as instructed. Standard usage that injures the consumer may lead to a recall, but those suffering from wounds may need to litigate against the company. In these cases, the expert witness may have an active and complicated role. He or she may need to explain various aspects of the claim, why the cell phone case harmed the person and how to remedy the situation.

Cell Phone Damage

Through the standard use of a cell phone, a customer may harm any part of his or her body that is in contact with the cell phone itself. The injury could occur around his or her face, and this may cause severe harm to the person. However, when a cell phone case overheats or explodes, it may also damage other parts of the body. When in conjunction with other items, the injuries may increase significantly. The heat could melt the metal, and this could stick to the skin causing more serious burns than just the heat of the case. If the battery explodes, catastrophic injuries are possible with battery acid and scalding metal that touches the skin.

The Expert in the Cell Phone Case

When damage occurs to the cell phone user, he or she will need to explain to the courtroom how he or she needs compensation for recovery. This may confuse the judge or jury, and the strength of the claim may decrease without the use of an expert. The courtroom occupants may not understand why the defective cell phone would lead to the need for monetary compensation. However, the expert hired for this issue will have a significant role in describing the damage the defect caused. Whether it is scarring, burn tissue or damage to the senses, the expert may provide the much-needed clarification to connect compensation to the defect.

The injury may need details in the courtroom. By describing the damage through the incident with the defective cell phone case, the expert is able to associate the event with the injury. The professional may use visual aids through photographs of the physical evidence through the wounds. Graphic detail in scars and the burns left from the cell phone case may demonstrate to the judge or jury why the person will need therapy or further treatment to recovery fully from the incident. Then, the expert may connect the liability for the situation to the defending company or manufacturer.

Evidence and Testimony in Cell Phone Case Discharges

Most evidence in an incident with a defective phone case will involve the actual phone itself. The expert may need to perform various tests to determine if there is any external reason for the discharge, explosion or overheating, but the professional may discover that the defect exists with the model of phone or brand. This could lead to a larger number of incidents and injuries if the brand or model has a problem in design. This could conclude in a class action lawsuit where every victim or most victims will need to band together and attach to the primary lawsuit. However, when the issue is with this one singular phone, the victim may see corroborating evidence in design plans or tested methods.

The expert witness will usually have a background in electronics or computers when hired for a case that involves the cell phone problem. He or she will explain his or her credentials when running through qualification as an expert witness with the judge. His or her testimony will generally revolve around how the defect causes the injury. He or she will discuss and explain to the courtroom that a defective battery, configuration or electronic connection caused the overheating or explosion, and this is the reason for the injury. Additionally, he or she may have the capacity to connect liability to the manufacturer or design creator after determining that the harm occurred through standard use. Then, this increases chances of a successful outcome.

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.

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