Imagine the typical hard-fought product liability trial: The defendant vigorously defends itself and its product, and the plaintiff tenaciously argues that the defendant should have warned about the harm the product could cause. Certain products — aircraft, heavy machinery, prescription drugs and a host of others — always come with a risk of injury, and a manufacturer’s failure to warn of risks can result in liability.
Imagine now that the plaintiff’s next witness is a proclaimed expert on “ethics.” What on earth is an “ethics” expert and what is he going to say?
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