Products liability (continued)

Expert evidence is required for product liability (defective products) actions involving toxic products. Plaintiffs must prove their case by a preponderance of the evidence. As such, liability will not be found in products liability cases when scientifically reliable evidence is not available. The offering party must show the reliability of the expert evidence.

Epidemiological evidence is often used in toxic tort cases. Epidemiological studies examine existing populations in an attempt to determine whether there is an association between a particular condition or disease and a factor which is suspected of causing that condition or disease. When a plaintiff uses epidemiological studies to prove specific causation, the plaintiff must show that he is "similar to the individuals in the study. A court must determine whether the epidemiological is reliable before a plaintiff or defendant may use the evidence to support the expert’s opinion. The expert has to identify the particular study, get the study admitted into evidence, and explain how the methodology of the study is scientifically reliable. It should be noted that epidemiological studies have no evidentiary significance if the injured person cannot show that his exposure or dose levels were comparable to or greater to that in the studies.

Causation in toxic tort cases is sometimes viewed in terms of general and specific causation. General causation means that a substance is capable of causing a particular condition, injury or disease. Specific causation means a substance caused a particular person’s harm or injury.

Knowledge concerning the amount of exposure to a particularly harmful substance is essential for any reliable expert opinion that the particular substance caused a condition or disease. As such, to carry the required burden of proving that a plaintiff’s harm or injury was caused by exposure to a specific substance, the plaintiff must show the levels of exposure which are hazardous to humans, as well as the plaintiff’s actual exposure.

Scott Nelson represents products liability clients in Galveston, Corpus Christi, Brownsville, Laredo, Houston and all of Texas. Contact Corpus Christi product liability lawyer Scott Nelson if you need help with a products liability claim.