Daubert Motions

New York defective product attorney, Mr. Gary Zucker talks about the Daubert decision. The Daubert motion is an attempt by the defense to bar an expert witness' testimony.

MR. ZUCKER: The Daubert Decision was applied several years ago to products liability cases. In order for us to prove a product’s liability case we need to call someone with an expertise, typically an engineer, to testify that the product was unsafe for its foreseeable use and that certain changes or modifications should have been made in the design of the machine to prevent the type of injury that occurred. And the federal courts have now applied Daubert so that the expert testimony that's required, as I said typically from an engineer, will not be allowed to be heard by a jury unless the trial judge is satisfied in advance that the expert has the requisite qualifications to render that testimony, that the expert used appropriate scientific methodology to arrive at the conclusion that the machine was unsafe, and that the expert’s recommendations for making the machine safer were tested and complied with appropriate scientific method.