Picking your expert

1st June, 2007

by Stephen Acker

Many, if not all, product liability cases will require some form of expert testimony, whether about the selection of materials, the design and alternatives, or warnings and product literature accompanying sale of the product.  When it comes time to designate or disclose the expert witness, it is important to have a broad enough description of the areas where the expert will offer opinions to permit the expert to fully express opinions without being limited by the objection that the expert was not designated in a particular area of expertise.  Conversely, an expert who attempts to cover too many areas, a “one size fits all” type who offers, for example, opinions on metallurgy, chemistry and warnings all under the guise of “failure analysis” may lose credibility, and risk being disqualified at time of trial from offering testimony in one or more areas about which he or she intends to testify.

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