You’re in court, trying to prove that the product you bought injured you, but what do you need to prove it’s the company’s fault? Scientific evidence often plays a big role in proving the product was the cause of your injury. Those suing the company will often attempt to prove epidemiological evidence that a product manufactured by the company is more likely than not to have been the cause of the plaintiff’s injuries.
What Kind Of Scientific Evidence Does A Court Accept?
Every state court seems to have its own rules about scientific evidence. Some states use the “generally accepted” method. This means that the scientific theory presented to the court must be generally accepted by the scientific community. This means that if the evidence is only accepted by a minority of specialists that it wouldn’t be allowed at all. However, this also means that some cutting-edge scientific methods might not be accepted by a court of law.
Other courts may allow almost any scientific theory into the court. However, it would be up to the jury to decide if the evidence was reliable or not. The only real requirement is that the person presenting the expert evidence has to have reasonable scientific credentials.
What Scientific Evidence Does The Supreme Court Accept?
The Supreme Court has adopted a middle standard to scientific evidence. This means that the evidence doesn’t need to be generally accepted, but it does have to be “scientific knowledge;” meaning that is has to be derived by the scientific method. What this means is that what the expert is proposing must be able to be tested by another scientist. For some, this means that the technique was subjected to peer review or publication, but it does not necessarily have to be.
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