Trenton Defective Products Lawyer
While some faulty products you encounter may not cause harm, there are certain items that, if defective, could cause severe physical and emotional trauma, or even result in death. If you or a family member were injured as a result of a faulty product, a Trenton defective products lawyer could explain your legal rights to seek compensation.
When products are sold, they are supposed to have undergone manufacturing and testing criteria before becoming available for purchase. When these dangerous items reach the market anyway because of negligent behavior, a dedicated personal injury attorney could work to hold their manufacturers accountable for any damages their products cause.
Who is Liable in Defective Product Cases?
Usually, when filing a defective product claim, a claimant must prove legal negligence as outlined in New Jersey Revised Statutes §§2A:58C-2 through 4. In a general sense, identifying negligence involves demonstrating that a product was indeed defective in design, manufacturing, or marketing, that the user handled the product reasonably, and that the condition of the defective product directly led to the claimant’s injuries.
In these cases, negligent parties might include the product manufacturer, retailer, designer, or marketer. Depending on the nature of a case, multiple entities may be considered at fault. For example, if an injury resulted because the product’s instructions did not warn about a common hazard related to regular use, it could be possible to include one or more of these parties under contract by the manufacturer in a claim.
Exceptions to Liability
It is important to note that a defendant may be excluded from liability based on specific actions by a claimant. For example, if a person was injured by a defective product but was not using it for its intended purpose, any ensuing claim may be dismissed. This could be considered an unanticipated, unforeseeable, or unintended use of a product, which would then absolve the manufacturer of liability for resulting injuries.
Another potential exception for liability is if a company gave adequate warning of possible injuries which the user did not heed. Because of these and other possible exceptions to a claim, an injured individual might benefit from the knowledge of a Trenton defective products attorney.
Damages to Recover in Faulty Product Cases
Injuries resulting from faulty products range from sprains and burns to fractures, electrocution, spinal cord injuries, and traumatic brain damage. In the most extreme scenarios, a dangerous product could even prove fatal.
Because of this, a person injured by a defective object may request recovery for damages such as medical bills, lost income, and pain and suffering, among others. A meticulous Trenton defective products lawyer could help assess the total damages a claimant has sustained to request satisfactory compensation.
Time Limit to File a Claim in Trenton
Under N.J.R.S. §2A:14-2(a), a person injured by a defective product must file a claim within two years of the date of the incident which resulted in injury. This is known as the statute of limitations and covers all personal injury cases in Trenton.
While there are exceptions to this statute that may apply in certain situations—for example, if a potential plaintiff does not discover his or her injury until after this timeframe passes—it is advisable to file a claim as soon as possible to avoid dismissal. By working with a proactive dangerous products lawyer in Trenton, you could more promptly gather evidence and build a case that satisfies the statute of limitations.
Retain a Trenton Defective Products Attorney
Suffering an injury because of a faulty product could be a frightening and overwhelming experience. Beyond this, trying to navigate the legal system to seek compensation could be frustrating, especially when you are dealing with severe trauma.
If you or a loved one were injured because of a defective item, you could benefit from the services of an experienced Trenton defective products lawyer. For more information about how a dedicated injury attorney might help, call us today.