Recently, a federal appellate court issued a written opinion in a personal injury case dealing with the admissibility of expert testimony in a product liability lawsuit. Ultimately, the court concluded that since the plaintiff’s expert’s testimony was not admissible, she was unable to prove her failure-to-warn claim. The court then rejected the plaintiff’s defective design case based on the fact that the manufacturer’s warnings were found to be sufficient.
The Facts of the Case
The plaintiff was injured when she fell off the back of a personal watercraft (PWC). At the time of her injuries, the plaintiff was riding as the fourth passenger on the machine, was wearing only a bikini, and had consumed alcohol prior to boarding the watercraft. It was undisputed that the plaintiff was not in compliance with the warnings contained on the machine, but the plaintiff filed a personal injury lawsuit, claiming that the warnings were defective.