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Expert opinions must be based on facts

If you need an expert witness to help him in a trial, this may interest you.

In some trials, is necessary to have the opinions of experts. Courts generally permit experts to testify if they are able to assist the jury in the resolution of certain issues indeed.

Precedent on this issue is well established in the Rules of Evidence in New Jersey and in many reported decisions of the courts of New Jersey.

Recently, the Appellate Division of Superior Court of New Jersey believe that the precedent.

The case involved injuries sustained when the plaintiff was seriously injured while attempting an extreme jump in her new sport of all terrain vehicles (ATV). The owner's manual warned against jumping. The vehicle also had warning labels that, although not specifically mentioned jumps on the labels.

applicant's expert opined that the risk of injury from jumping was so great that the label must contain a specific warning against the practice.

The trial court granted a summary trial the manufacturer ATV, because the expert did not identify any factual basis for his opinion.

The plaintiff appealed.

You be the judge: Is it not a certified expert to give their views before a jury, without limitations?

The Appellate Division upheld a trial judge in favor of the manufacturer. Without an explanation adequate basis of fact, conclusions of the experts were no more than a "network" and inadmissible opinion. In the absence of this element of proof, the plaintiff's case could not succeed.

The appellate court held that experts should be qualified by experience or education. On the other hand, however, must demonstrate that their opinion is not simply personal, but a reliable standard acceptable in the field. In this case, the expert should have identified information factual or statistical information on the risk associated with jumping out what the magnitude of risk can be objectively identified. Moreover, the expert could not give any government regulation or industry that allegedly violated by the warning label that was used.

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