The Role of an Expert Witness in a Products Liability Lawsuit

Products liability is an area of law that deals with personal injuries and property damage caused by defective products. Products liability litigation is generally very complex. Although expert evidence is not required to prove a defect, the plaintiff will generally call an expert in a products liability suit. The defendant also relies on expert testimony to prove that the product was not defective.

Special knowledge

An expert witness is a person who has special knowledge of a technical subject. The person can be qualified as an expert based on education, skill, training or experience. The court makes a determination as to whether a witness qualifies to give expert testimony. An expert witness's role is to help the jury (in a jury trial) or the judge (in a bench trial) understand the evidence. Experts are permitted to give opinions about disputed facts. For example, a plaintiff sued a glue manufacturer after she developed respiratory problems. Two experts, an engineer and a doctor, testified on behalf of the plaintiff. The engineer testified that the plaintiff had been within the breathing zone of glue fumes that had not been ventilated. The doctor testified that the fumes caused the plaintiff's respiratory problems. The plaintiff recovered damages from the manufacturer and the plaintiff's verdict was upheld on appeal. Qualified experts charge fees based on their education and training. Experts can be found in colleges and universities, in government and within the industry itself. There are also independent consulting engineers who serve as expert witnesses.

An expert witness in a products liability suit should be qualified to testify about product design, including the structural, mechanical, and electrical parts of the product. The expert should also have knowledge of manufacturing and production, including quality control and product testing. The expert should be able to evaluate any warning given about the product. A manufacturer has a duty to provide adequate warnings or directions with the product. The manufacturer must warn about any known or reasonably knowable dangers, but is not required to warn of obvious product dangers.

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