Asked by Sydney Henke on Jun 25, 2024
Verified
How can a plaintiff prove that a defect exists in a product?
A) Through the introduction of expert testimony only.
B) Through the introduction of expert testimony and/or circumstantial evidence.
C) Through the introduction of circumstantial evidence.
D) Through the introduction of expert testimony, which is always required, and sometimes circumstantial evidence.
E) Through evidence other than expert testimony, which is never reliable because experts are paid.
Defect Exists
A phrase indicating the presence of a flaw, fault, or imperfection in a product, building, or system that could potentially cause harm or failure.
Expert Testimony
Evidence given in a court by a qualified professional about subjects needing specialized knowledge or expertise.
Circumstantial Evidence
Evidence that implies a fact or event without proving it directly, relying on inference to connect it to a conclusion of fact.
- Understand the importance of warnings and instructions in product safety.
- Recognize tactics for the application of expert witness statements in cases concerning product liability.
Verified Answer
SG
Sandra GourgyJul 01, 2024
Final Answer :
B
Explanation :
A plaintiff can prove a defect exists in a product through various means, including both expert testimony and circumstantial evidence. Expert testimony can provide specialized knowledge about the defect, while circumstantial evidence can help establish the presence of the defect and its connection to the harm suffered.
Learning Objectives
- Understand the importance of warnings and instructions in product safety.
- Recognize tactics for the application of expert witness statements in cases concerning product liability.