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Forensic Pediatric Expert Witness in Child Product Liability Cases

Child cases where injury occurs due to the product purchased may incur the need for an expert who is able to dissect the specifics as well as provide care to the youth that sustained harm. In these matters, the company may be liable for damages based on negligence, defects or other problematic issues that lead to the physical injury of a child.

In instances when a child sustains injury due to any number of issues, an expert in child care is usually part of the process to recovery. Some of these may include psychologists, child social services and clinical doctors specializing in pediatrics. A forensic pediatric expert has the knowledge and expertise about these incidents and is able to break down the problems one by one and then reconstruct the concern to increase understanding in how the child injury occurred. To do so, these professionals work hand in hand with other experts and a lawyer hired for a case in the courtroom.

What Is a Forensic Pediatric Expert?

An expert hired for a case has specific knowledge about the subject matter. For these experts to have pediatric understanding, they either have a background in medicine or have worked closely with someone that does. Field experience
is important in this line of work. Forensics break down into a clearer awareness of details and piecing together a case based on evidence and proof discovered through various means. A forensics expert may have tools and equipment to assist in these matters. By interviewing or helping the youth recover from the injury, the professional may increase knowledge of what happened and how to extract compensation from the liable party.

Child Injury Claims

When a young person sustains injury through product usage, he or she may end up traumatized by the incident. This may require the assistance of a medical or therapeutic expert. To recover from the damage, it is important that time and effort are put into the process. A pediatric professional may need to work with the youth for some time before the damage reversal completes. Then, a trusted therapist is necessary when the trauma is severe enough that more time is necessary. If the young individual faces a loved one sustaining injury or dying from the use of a product, he or she may become catatonic.

Child products do not contain design details which should harm anyone in usual circumstances. However, defects and design flaws may lead to harm. Other standard usage situations could end in damage to the youth or other items. Similar circumstances are found in toy bicycles and driving vehicles that break down or do not stop when needed. Others could contain sharp ends that lacerate the skin of children playing with the toys. Overlooked dangers may lead to these child product liability cases. It is then up to the expert to explain how the incident occurred and why compensation is necessary for the youth to recover.

How the Injury Occurs

When the child is using a product as intended or as the instructions specify, injury could occur through defective materials, inferior parts or when the design has defects. Litigation arises when this usage leads to injury to the child. Sometimes, there are batches or entire products that cause these incidents. A recall is necessary when enough damage harms children across multiple locations. However, the company will still face a lawsuit when injury is severe enough that compensation becomes important for the child to recover from the incident. Lawyers become part of the process and may negotiate a settlement outside of the courtroom based on certain factors of the case.

Certain types of injuries are grievous and lead to physical wounds and scarring. If the child is playing with a machine that has a heating element or some type of electric component, he or she may experience an explosion or fire. The heat or concussive force may lead to internal and external damage. When the youth survives, he or she may need extensive medical treatment. These incidents are what lead to serious legal battles against the company producing or manufacturing the products.

Forensic Pediatric Expert Testimony

It is through connecting liability to the defending company that cases are more often successfully proven. This is the task set for the forensic pediatric expert witness. He or she needs to break down the claim piece by piece to determine who is at fault. Then, he or she needs to explain to the courtroom how much compensation is reasonable.

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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.

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