Most products created in America are made well and do not cause problems for consumers who use them. However, every now and then, a defective product will cause injuries and public outcry. Individuals who find themselves in these situations often file lawsuits to get compensated for their injuries and losses. If you have sustained injuries due to a defective product, contact a capable and compassionate personal injury attorney who can advocate for you.
A Camden County product liability lawyer can help ease the pain as well as help you obtain the justice you deserve.
Product Liability Laws in New Jersey
The New Jersey Product Liability Act of 1987 oversees product liability claims in the Garden State. The law requires retailers, manufacturers, and others involved in creating products to make sure their products are reasonably safe and appropriate for their intended use. It is their duty to make sure their products are safe for the public.
If one can prove that the companies or individuals involved did not uphold their duties to keep products reasonably safe, they are liable. Consumers can file lawsuits for damages and compensation. However, the term reasonably is an important factor in one’s case.
Makers and sellers of products are not held liable when the injury results from the careless actions of a consumer utilizing the products. Also, one needs to bring their lawsuits within in the statute of limitations set by New Jersey law.
Types of Defects Recognized
There are design defects, which occur when a product was designed as it should have been, but when a consumer used the product, it caused injury or harm.
There is also the defect of not revealing warnings on instructions which refers to not mentioning the consequences of improperly handling a product or failing to warn consumers about potential dangers associated with the use of their product.
Lastly, there is the manufacturing defect which is when a manufacturer makes errors in the process of making the product. Procedures were not correctly followed in the manufacturing process which led to a defect that caused injury or harm to a consumer.
Elements of a Product Liability Case
To win a product liability case, one needs to prove the following:
- Prove that there was damage to their person or their property (quantifiable loss)
- Prove that the product causing the loss was defective or unexpectedly dangerous
- Prove that the manufacturer, creator, or distributor of the product is responsible for the defective or dangerous product
- Prove that the injury was not caused by the victim due to negligence or improper use of the product
Potential Compensation Awarded in Product Liability Cases
When one buys a defective product, they usually can recover their money to replace the product. If a defective product results in injury to an individual or family member, a Camden County product liability lawyer can help them seek compensation for the following:
- Time away from work
- Medical expenses
- Pain and suffering
- Punitive damages – Compensation to punish the defendant if they were grossly negligent or behaved irresponsibly in their actions
- Loss of consortium – The deprivation of family relationships due to the injuries received from the defective product
Contact a Camden County Product Liability Attorney
Injuries suffered from a defective product can create havoc in your life. It can affect your health, employment, relationships, and enjoyment of life. The consequences can be devastating and life-changing. Injuries caused by a defective product can leave mental scars that may create unnecessary stress and anxiety.
A Camden County product liability lawyer will work diligently to ensure that your rights are protected. Moreover, they will work hard on your behalf, to see that you are compensated fairly for the careless actions of another person.