Biomechanics Expert Witness for Product Liability Claims
Provided by HG.org
Product liability claims consume the courts when a single or several products cause injury to the consumers that purchase them, and an expert is often necessary to clear up confusion or connect liability to the correct party. These professionals may refute the claim when hired for the defending side or support the case when the plaintiff hires him or her for help.
Product liability claims arise when the manufacturer, distributor, shipping company or designer causes a defect or product complication that may harm the consumer. Injuries through standard use of a product often lead to litigation claims against one or multiple parties or entities. An expert witnessí hire is necessary to clear up confusion, connect or refute liability of the defendant and explain certain details to the courtroom. Through his or her expertise and knowledge, the expert may ensure that the judge or jury has sufficient knowledge about the subject to deliberate appropriately. Working in conjunction with the lawyer, the professional may ensure his or her processes complete and align with testimony.
The Product Liability Claim Explained
For a plaintiff to ensure success, he or she must achieve the feat of information the courtroom that the defendant is responsible for the damage caused by the product. These two parties work against each other to prove separate claims. When the defendant succeeds, the case fails and the plaintiff does not receive any monetary awards. If the plaintiff wins the claim, he or she will usually acquire enough compensation to recover from the incident fully. By hiring a lawyer and an expert witness versed in product liability claims, he or she usually increases chances of a positive outcome significantly.
How a Biomechanics Expert Works
When there are mechanical parts involved in human interactions, a biomechanical expert may become part of the proceedings. His or her expertise in electric, machine and human interactions and situations is often invaluable. Knowing how a car or mechanism may harm the body may help a physician to heal a patient. Additionally, this knowledge helps in the courtroom so the judge or jury is aware of how much harm occurs in an incident and what treatment may become necessary for recovery. This provides additional awareness of how much in compensation will help the person become whole again.
In contrast to the assistance a biomechanical expert may provide to a case, he or she may work for the opposing side and refute the claim a plaintiff has in the courtroom. By working through the details of the case, he or she may determine that the product or machine was not the fault of the accident. By clearing the defendant of liability, the plaintiff may lose his or her product liability claim. This could lead to the expert disassociating the product itself from injuring the victim. For any chance of success, the product must have caused the injury either directly or through the standard or instructional actions of the plaintiff.
Supporting or Refuting the Claim
When the defendant needs the claim for product liability to fail, he or she may hire a biomechanics expert to prove that the product was not to blame. This is often possible based on the injuries or actions of the plaintiff. By showing that he or she did not follow the instructions, the defending party may cause the claim to fail. With expert testimony through the professional, the judge or jury may understand that the injuries are from another issue or caused by misuse of the product. Then, the manufacturer or distributor of the products is no longer in the line of fire from the litigation process for that specific case.
When supporting the plaintiff, the biomechanics expert witness may provide testimony through his or her analysis or testing of the product that it was the object that lead to the injury. He or she may recreate the incident or use the item as it instructs, and the potential for injury may exist in these circumstances. Proving this to the courtroom is possible through the professionalís details and explanation. This usually increases the chances of success significantly by informing the judge or jury panel of all the information.
The Expert in Product Liability
Hiring an expert is often necessary when injury occurs and there are confusing matters in the case. The professional may need to clear up the issue and then explain how the product harmed the plaintiff through standard use without using the item incorrectly.
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.