Manufacturers, designers, suppliers, wholesalers, and retailers have a legal responsibility to ensure that the products they produce and sell are safe for their intended use. When a consumer is harmed as a result of a manufacturing defect, a design defect, or a failure to warn, a product liability lawsuit can be filed by one of our New Jersey product liability lawyers to hold responsible parties accountable. For information on the necessary information to file a suit or the steps you should take, consult with an injury attorney in New Jersey today.
Each year, thousands of injuries in the U.S. are the result of defective or unsafe products. Under the theory of liability, an injured party can recover damages if it can be proved that a defect made the product unreasonably dangerous, and that defect was the cause of injury. There are three types of defects that may give rise to a products liability claim and warrant contact with a product liability attorney in New Jersey.
- Manufacturing defects – The product was made unsafe during production or assembly due to an unplanned departure from the intended product design.
- Design defects – These occur before the product is produced. If the product posed a foreseeable risk of harm and there was a reasonable alternative design that could have reduced or avoided that risk, the company responsible for the design can held liable in case of injury.
- Marketing defects – Companies can be held liable if they fail to provide adequate or correct instructions for the safe use of the product, or if they fail to provide clear and specific warnings about the potential danger of the product.
Types of Products Liability Claims
There currently is no federal products liability law. Typically, products liability claims are based on state laws, and are raised under the theories of negligence, breach of warranty, or strict liability, depending on jurisdiction.
- Negligence – A company can be declared negligent if it can be proven that the defendant had a duty of care to the consumer, breached that duty, and that the consumer was harmed as a result.
- Breach of Warranty – A warranty is a type of quality guarantee made by a seller of a product. The warranty may be express, meaning the seller made certain representations, either verbal or written, about the quality or reliability of the product. An implied warranty is a promise that the product is in good working order for its intended purpose and that the directions for product use are correct.
- Strict Products Liability – A product is declared defective if, at the time it left the defendant’s control, it lacked any element necessary to make it safe for its intended use, or if it contained any element that made it unsafe for its intended use. If this is the case, the defendant can be held liable for damages even if all possible care had been taken in the production and sale of the product.
Products liability law is complex and encompasses a broad range of different types of claims, each with their own unique set of features. It is essential to hire a skilled products liability attorney who has the experience and resources necessary to prove that a product’s defect was the cause of injury. Examples of defective products that may warrant contact with a product liability attorney in New Jersey include:
- Auto parts, including air bags, seat belts and tires
- Medical devices
- Power tools or garden equipment
- Toys and children’s products including hoverboards
- Infant furniture, including cribs and high chairs
- Household products and chemicals
- Medicines, including prescription drugs
- Home appliances
- Unsafe or contaminated restaurant or supermarket foods
Consulting With An Attorney
If you or a loved one has suffered injury or been killed by a defective product, you may be entitled to compensation for your losses. Our New Jersey product liability lawyers combine extensive experience with expert resources to achieve the best possible outcome for our clients in Philadelphia and South Jersey.