Individuals who wish to pursue damages after suffering injuries because of a defective product must be able to establish that the product was defectively designed, manufactured, or lacked appropriate instructions and warnings. Under Florida law, consumers may proceed under a negligence or strict liability theory. Although claims may involve both theories, strict liability governs Florida product liability lawsuits in most cases. Strict liability theory provides that a seller, distributor, manufacturer, or any other entity involved in distributing a product, may be liable to anyone who suffers injuries because of the product. Under this theory, defendants may still be liable, even if they engaged in all possible steps to ensure that the defect did not occur.
Product liability claimants must be able to prove that the product was defective or unreasonably dangerous, the product injured the plaintiff, and the product’s inherent design or defect was the direct cause of the claimant’s injuries. The crux of product liability cases rest in whether a plaintiff can present enough compelling evidence to show that the product was defective or unreasonably dangerous to a reasonable, ordinary consumer. Evidence of a defective product may be the product itself. However, in some cases, the product may no longer exist. This may occur if it was a consumable product, such as a prescription medication or supplement, or if the consumer did not own the product. In either case, expert witnesses provide plaintiffs with critical assistance in explaining complex subjects to juries.
Expert witnesses can effectively communicate complex technical and scientific concepts to juries. These witnesses can testify on an injury victim’s behalf and convey convoluted theories in a clear and manageable way to the trier of fact. Some common expert witnesses are medical experts, engineers, rehabilitation specialists, and economists. Expert witness testimony is often the most compelling portion of a plaintiff’s case.