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ARTICLE · 11 NOVEMBER 2021

Selecting And Utilizing Witnesses In Product Liability Cases

Edlin Gallagher Huie + Blum
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Product liability cases are often highly technical and can require expert testimony to help make your case in court. Which type of expert is chosen and whether expert testimony is required depends on the test used.

United StatesConsumer Protection
Erin K. Poppler
Erin K. Poppler

Product liability cases are often highly technical and can require expert testimony to help make your case in court. Which type of expert is chosen and whether expert testimony is required depends on the test used.

Under California law, there are two tests that can apply to products liability cases:

  • Consumer expectations. Under this test, the product is defective if it fails to perform as an ordinary consumer would expect. This test does not often require expert testimony.
  • Risk/utility. This test requires the balancing of the risk of a product with its utility to consumers and does call for expert testimony.

Because expert testimony can be such a large part of a product liability case, it is important to understand the impact of both the types of experts as well as the best way to select and use them.

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