WHAT IS A PRODUCT LIABILITY EXPERT WITNESS? TESTIMONY CONSULTANT EXPLAINS

Reader asked: What is a product liability expert witness? The answer: A testifying consulting advisor on product design, manufacturing, or safety who is called upon to provide testimony in legal cases involving defective items. As you contemplate what is a product liability expert witness, know that reviewers assess whether a good is safe for use or whether its defects led to injury, damage, or financial loss. Product liability cases tend to involve consumers who have been harmed by faulty or dangerous items such as defective medical devices, dangerous pharmaceuticals, malfunctioning car parts, or unsafe household goods.

The law is centered on holding manufacturers, distributors, and retailers accountable for injuries caused by defective or unsafe items. When weighing what is a product liability expert witness, know that pros’ job in these cases is to provide objective, scientific, and technical insight that helps the court understand complex issues of product safety and defect. Their testimony can be crucial in determining whether a product was defectively designed, improperly manufactured, or inadequately labeled or marketed.

Jobs of a Product Liability Expert Witness:

1. Defining the Nature of the Defect: As you consider what is a product liability expert witness, be aware that advisors can help establish whether the defect is a result of poor design, defective manufacturing, or inadequate warnings or instructions. For example, in a case involving a malfunctioning automobile airbag, the expert would examine whether the issue arose from design flaws, poor production quality, or inadequate labeling.
2. Assessing Causality: An expert witness can establish the causal relationship between the defect and the plaintiff’s injury. SMEs can testify about how the defect in the product led to harm, whether it be physical injury, emotional distress, or financial loss.
3. Analyzing Industry Standards: Also when reviewing what is a product liability expert witness, know that KOLs are generally familiar with industry standards and regulations governing product safety. Reviewers can evaluate whether the product met safety requirements and explain how it deviated from established norms, contributing to its dangerous nature.
4. Testing and Evaluation: Experts may be called upon to conduct testing or evaluate evidence, such as examining product samples, reviewing manufacturing processes, or analyzing product recalls. That objective analysis helps clarify whether the product was defectively made or misused.
5. Providing Expert Opinions: Experts offer opinions on the design, safety features, and performance of the product, helping the legal team establish whether the defendant should be held liable for the plaintiff’s injuries. Their independent, professional opinion is often critical in determining the outcome of the case.