A product liability expert witness testified for plaintiffs in a case against BMW of North America and BMW Motorrad USA. The plaintiffs argue that their 2004 BMW motorcycle had design flaws and that the company did not furnish adequate warnings about the risk of fire. They are seeking $400K in damages as well as legal costs after their motorcycle caught fire in the garage and consumed part of their residence.
The warning that the motorcycle’s engine could only be cooled if the motorcycle was moving was overlooked by the plaintiffs. The plaintiff’s expert opined that a warning presented with many other pieces of information may go unnoticed or overlooked. U.S. Magistrate Judge Timothy R. Rice, E.D. Pa., took in to consideration the expert witness opinion stating that the risk of fire was not obvious.
It is generally understood that a product is defective if the defect causes injury other than what a reasonable person would anticipate through the normal use of the product. In this case, plaintiffs will argue that the product manufacturer is liable for the harm caused while the defendants will argue that warnings included in the motorcycle owner’s manual were adequate.
A seasoned product liability expert witness is an essential part of the legal team. Product liability law may be predicated on state statutes. These experts are knowledgeable on prevailing statutes and are able to consult and opine on the where the responsibility of damages resides.
By: Karen Olsen
20+ years of experience in legal research