Asbestos in Baby Powder Cases - Product Liability Expert Witness Testimony
There are several cases where there are toxic substances used as materials in products used for young children or babies that require the services of an expert witness to both understand and pursue a legal claim against. In these situations, the expert hired will need to testify about the tested materials and expose the damages the company or person caused.
Testing ProductsMany expert witnesses become part of a claim or case because they are necessary to test products for certain substances or materials. When it comes to the possible inclusion of asbestos fibers, the victim may suffer life-altering damage in the respiratory system. The professional will usually have a background in laboratory testing, understanding how certain materials become part of a product and why this could harm the individual using the item. For the use of baby powders, asbestos fibers could damage the insides of a child when inhaling the powder at application. Later physical harm is possible, but the development of the youth may also affect his or her early years.
Product Liability with AsbestosTrace amounts of harmful materials such as asbestos in a product could hold a company liable for damages to the victim. Many of these cases are independent of those where an asbestos trust would provide help through compensation for victims. The plaintiff would need to sue the company and prove that the asbestos exists in the item and that it harmed the affected victim. It may require a medical expert witness to accomplish this goal, or another professional with knowledge of how to determine if a product has asbestos in it could support the claim.
What Asbestos DoesWhile products that may use asbestos could harm the victim, these fibers are often only trace amounts as compared to other problematic areas where the material is found. However, even with minimal contact, the child, baby or young person may suffer severe internal damage that could cause respiratory infections, mutated cell damage, DNA changes and it could lead to mesothelioma which is a type of cancer the fibers cause. The injuries sustained from even minor contact with asbestos could require treatment and therapy to the victim for the rest of his or her life.
The expert will need to explain this and all other medical matters to the judge or jury. The professional may also need to both test the materials for asbestos-related substances or fibers and expose the contact with the victim. The expert hired could have a medical background or a product liability background with lab testing knowledge. He or she will need to testify about either or both concerns and discuss and explain how these problems are affecting and will harm the person baby powder was near or on. Any inhalation of the asbestos fibers could damage the esophagus, lungs and any part of the body they attach to internally.
Proving Liability with AsbestosAfter testing the product for possible asbestos fibers as part of the material in the item, the expert may hold the defendant accountable for the inclusion of this hazardous substance. Then, the professional may need to explain either prior knowledge or intentional use of asbestos for some reason by the company. Some experts are able to connect the development of mesothelioma to asbestos in products used by the victim. Unknown use or intentional inclusion of the material could hold the company liable for damages and future treatment to help mitigate the damage of this life-altering form of cancer.
Past Cases of AsbestosThrough various testing methods used in previous cases through past claims, the expert is then able to extract the fibers and determine that they were part of the product. Generally, the plaintiff must show causation for negligence through the use of the product with the victim. For a child developing mesothelioma, this may require a connection to the baby powder purchased and cancer in the body. The expert witness may explain how the baby powder with asbestos fibers traveled through the respiratory system and damaged the body creating the cancerous cells.
Expert Testimony in Asbestos Products CasesThe expert will need to testify about finding the asbestos fibers in the baby powder. Then, depending on the background of this professional, he or she will discuss certain issues. These may have related details to medical issues such as complications with mesothelioma, or the professional may have expertise in product liability and provide details about why the material was in use.
Provided by HG.org
Disclaimer: 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.