Expert Witness Testimony on Defective Product Factors
Defective products harm clients and customers alike and understanding the factors that lead to these incidents is important and also where the expert witness becomes invaluable in clearing up confusion and providing the necessary details. Through his or her testimony, it is possible to demonstrate to the courtroom why compensation is important and why the defendant is responsible.
Defective products cause a number of injuries to a customer or client using the item in a standard or instructed manner. When the injury is severe enough, the individual may sue the manufacturer or distributor of the product. In a product liability case, it is important to understand the factors surrounding the situation. Any tampering with the device, machine or equipment could invalidate the claim against the defendant. Additionally, if the person used the product in a manner that is either not standard or against what the instructions specify, he or she may remain responsible for any injuries suffered from the use.
Testimony in a Defective Products CaseThe expert witness will provide testimony to remove any confusion about the matter. This may include how the injury occurred, why the instructions specify something that would harm a consumer and what defect may exist. By explaining and discussing the factors involved in the product, the injury and any necessary compensation become clearer to the courtroom. An awareness of the defects in materials, parts or the batch of products is important to fully reveal the scope of damage that may occur to a larger group of customers that purchase the product. With the help of an expert witness through his or her testimony, chances of success generally increase significantly with defective product cases.
Defective Factors in Product Liability CasesProducts defects may exist in a wide variety of industries, items and products created through combining materials with several companies. The factors of the case may involve the liability matters, injury to the customer or client in standard use, failure of materials or resources, the chemical make up of the item, fires, explosions, engineering of the product and even design. If the design has a flaw, the manufactured item may not work properly when the person follows the instructions. This could lead to a personal injury from the specified use without any incorrect processes or additional factors.
An expert witness may need to discuss and explain the factors in the case. He or she may detail the liability of the defendant to create a properly working product. He or she may bring other matters to light such as defects, the origin of a fire in the item and how it passes inspection even with either a defective piece or design. The expert may need to explore the factors to ensure the defendant responsible for the injury and damages has a valid connection to the manufacture and distribution of the item. This may progress the case further to inform the judge or jury why the person or company the plaintiff claims is accountable truly is at fault for the incident.
Other Important FactorsDefective products often have certain materials or parts that will harm the customer or client when used in the standard or instructed way. This is possible when a microwave explodes during a traditional cooking of popcorn. Another product may have a dish that holds water that could electrify anyone that touches the exterior when the electricity should remain inside the product. The defect is often the most important factor in a case when an injury occurs. The expert needs to connect the defect with liability for the plaintiff to succeed in damages owed to recover from the incident.
Some defect factors may also include human factors that the defendant will attempt to use to mitigate any complications. Blaming the customer may take some of the compensation away if the case is successful. Any problems with a distributor, sales store or even if the item ships to the customer’s house could become a factor the defendant will use. An expert may need to refute each of these factors one by one to increase chances of success for the plaintiff in the claim.
The Expert’s Testimony in Defective Products CasesFor defects and injuries, the expert will need to provide his or her testimony based on the factors of the case. Proving liability through details, expounding on the injuries suffered and relating the incident to the defendant are all tasks the expert will discuss during his or her testimony in the courtroom.
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.