Proving Causation in Product Liability Lawsuits

Filing a product liability lawsuit is the legal remedy for those who have been injured by a product, or by a product’s defect or failures.

The goal of filing this type of case is to hold the manufacturer and others associated with the product accountable morally and financially, but proving the case depends on the ability to establish causation. There are several reasons why this is a daunting task: The victim needs to present convincing information about the product and their use of the product and then tie it to the harm that they’ve suffered. Expert witnesses and scientific evidence are both integral to success.

One of the biggest challenges of proving causation is explaining the cause and effect in a way the jury can understand. The more complicated the product or the information explaining its defect, the more explanation will be needed.  Beyond this element, there are also issues about whether the victim played a role in the injury that may need to be addressed. A classic example would be a person diagnosed with lung cancer after years of exposure to asbestos on the job. In some instances, a thorough explanation of asbestos and how it causes cancer, as well as how the victim was exposed, would be sufficient. But if the victim was also a cigarette smoker, the situation becomes much more complicated. The same would be true if the victim had grown up down the road from a place where asbestos was dumped.

To address challenges like these and many others and to meet the legal standards the justice system requires, attorneys present testimony from people who have deep knowledge of the subject at hand. These experts can clarify and explain technical details and use scientific evidence to establish links between the product and the injury suffered. They can also respond to cross-examination from the defendant’s attorneys. In the example above, an expert witness could respond to an asbestos attorney’s theory about the role of smoking in the victim’s cancer by explaining the different types of lung cancer, or testifying about biopsy findings that support the link to asbestos rather than tobacco and nicotine.

Scientific evidence and credible expert witness testimony are among the most important elements in proving a product liability lawsuit. For more information on the tools and strategies we use in helping victims get justice, contact us today to set up a time for us to meet.