If a car accident is caused or exacerbated by a defective vehicle or faulty auto part, those who are injured may be able to claim damages from the manufacturer, dealer or repair shop.
Critical to these claims is expert witness testimony. To assert a claim for a defective product – whether its for negligence or strict liability – the plaintiff has to show:
- A defect was present in the product;
- The defect caused the injuries asserted in the complaint;
- The defect existed at the time the retailer or supplier parted with possession of the product.
Almost always, this requires an expert. In the recent case of Lesnik v. Duval Ford, the Florida First District Court of Appeals considered whether a trial court rightly omitted plaintiff’s expert witness testimony, thus resulting in dismissal of his case. Though not all justices agreed, the case was ultimately decided in favor of the defendant. Continue reading