Do You Need An Expert Witness In Your Product Liability Case?
Defective products seem to be everywhere: we hear about them in the news, we read about product recalls in newspapers, and we put ourselves at risk of getting injured when using hundreds of various products at home and at work. Remember: you never know which product can be dangerous or defective.
A product liability lawsuit is not like any other personal injury litigation. Unlike other cases, product liability lawsuits can be much more complicated, complex, and harder to establish liability, especially when you are suing a multimillion or multibillion dollar company.
And that is where expert witnesses come in handy, our Los Angeles product liability attorney from the Compass Law Group, PC says. Expert testimony should be the main weapon in your arsenal when filing a product liability claim in Los Angeles or elsewhere in California, regardless of the defective product that caused your injuries – be it household appliances, food, machinery, electronic devices, vehicles, children’s products, medical devices, or others.
Why do you need expert testimony in a product liability case?
Establishing fault in a product liability case is no easy task, while proving that the manufacturer, seller, distributor or any other party in the chain of distribution was negligent in manufacturing and/or selling a dangerous product can require tons of documentation, tests, and analysis.
While tests and analysis are good, they are generally never as effective as having an expert witness who would testify in front of juries and judges about why that product was defective, harmful or dangerous, and how the manufacturer should or could have prevented the injuries or harm by doing this and that.
Who can be an expert witness?
However, you cannot bring in just anyone and call him/her your “expert witness” in a product liability case. That is not how things work, our Los Angeles product liability lawyer warns. An expert witness must possess a certain degree of qualification in order to be allowed to give expert testimony in court.
In order to qualify as an expert on the subject related to your particular product liability case (harmful substances, inadequate warnings, dangerous design, etc.), a person must have special knowledge, training, experience, education, or skill that makes him/her an expert. Qualification can be shown by any admissible evidence.
When do you need an expert witness?
Not all product liability cases require expert testimony to establish fault and prove that the product was defective or unreasonably dangerous. In general, our Los Angeles product liability attorney says, physical facts that can be brought to court and shown in front of juries and judges do not require expert testimony.
It is highly advised to have an expert witness in all other cases. There are certain rules that expert witnesses must follow when testifying:
- The expert’s opinion must be related to the subject that is related to this particular product liability case, and must come in a form of opinion of an expert who can assist in establishing liability;
- The expert’s opinion must be personally known to the witness at or before the hearing.
If you have been injured while using a defective or dangerous product and are wondering if you need an expert witness in your product liability case, speak to our attorneys at the Compass Law Group, PC, right away. Our law firm retains expert witnesses who can help propel your case to victory.