A manufacturer usually retains an outside engineering expert to validate its design and to counter the plaintiff expert's opinion by testifying that, while it is possible to design around a particular accident, there are many other considerations. The proposed alternative design may be feasible, yet could create different hazards. Engineers may talk about the hierarchy of design. The battle of the experts is a crucial part of any product liability case. Paralegals may be asked to obtain prior transcripts of testimony by the opposing expert and to acquire any publications the expert has written, in hopes of finding material the trial attorney can use during cross-examination of the opposing expert.
Paralegals looking for information on a plaintiff's expert have several sources to check.
Check with your firm or client to see if they are members. While states vary on what defendants may plead as defenses, here are some of the common themes typically relied upon in defending product liability actions. In any given case, the law or facts may cause the defense team to tailor the presentation in a slightly different way. Defend the product. Explain why the product was designed and built the way it was.