Representing Victims of Defective Products in New Jersey
At New Jersey Injury Lawyers P.C., our product liability attorney is dedicated to helping clients who have been injured or suffered damages due to a product defect. We understand that navigating the legal system can be overwhelming, particularly when dealing with a personal injury. That’s why we are committed to providing personalized attention and guidance to each of our clients, helping them to understand their legal rights and options.
If you have been injured or suffered damages due to a defective or dangerous product, don’t hesitate to contact New Jersey Injury Lawyers P.C. Our product liability attorney can help you get the justice and compensation you deserve. Contact us today to learn more about how we can help you with your personal injury case.
Why Do I Need a Product Liability Lawyer in New Jersey?
The products that we use and interact with on a regular basis have the potential to be beneficial or harmful to our health. Every day we use a product that was created for a particular purpose. However, if that product is defective, and the defect results in a serious injury, you may have grounds for a product liability lawsuit, which will allow you to recover compensation for your injuries and other losses.
If you have been injured or suffered damages due to a faulty product, you may be entitled to compensation under product liability law. However, navigating the legal system and dealing with manufacturers, distributors, and insurance companies can be challenging on your own. That’s where a product liability lawyer in New Jersey comes in.
New Jersey Injury Lawyers P.C. understands your legal rights and options and can be a valuable advocate in your quest for justice and compensation. We can help you in several ways including:
- Determining liability: Our product liability lawyer can help you to determine who is responsible for your injuries or damages. This may include the manufacturer, distributor, or retailer of the product.
- Gathering evidence: To build a strong case, you will need evidence to prove that the product was defective and caused your injuries or damages. Our product liability attorney can help you to gather the necessary evidence, including product testing reports, medical records, and witness statements.
- Calculating damages: Product liability cases can involve significant damages, including medical expenses, lost wages, and pain and suffering. Our product liability lawyer can help you accurately calculate your damages and fight for the compensation you deserve.
- Negotiating with insurance companies: Insurance companies may try to settle your case for less than you are entitled to. Our product liability law firm can negotiate with the insurance company on your behalf, ensuring that you receive a fair settlement.
- Representing you in court: If a settlement cannot be reached, your case may go to trial. Our product liability lawyer can represent you in court, presenting your case to a judge or jury and fighting for your rights.
Don’t let manufacturers, distributors, and insurance companies intimidate you. Contact a New Jersey product liability lawyer today to learn more about your legal rights and options.
What is Product Liability?
Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries or damages caused by their products. In other words, if a product is defective or dangerous and causes harm to a consumer, the parties involved in its production and distribution may be held liable for the harm caused.
Product liability laws exist to protect consumers from harm caused by faulty products and to ensure that companies take responsibility for the safety of the products they produce and sell. Product liability cases can involve a wide range of products, from medical devices and pharmaceuticals to automobiles, household appliances, and toys.
To determine liability in a product liability case, factors such as the design, manufacture, labeling, and marketing of the product are typically evaluated. If a product is found to be defective or dangerous, consumers may be entitled to compensation for their injuries or damages.
At New Jersey Injury Lawyers P.C. you can focus on your recovery while our legal team handles the legal aspects of your case. Don’t let a defective product ruin your life. Call us now to speak with our New Jersey product liability attorney who can help you get the justice and compensation you deserve.
What Are The Common Types Of Product Liability Cases In New Jersey?
When a product causes harm or injury to a consumer, the manufacturer, distributor, or seller may be held liable under product liability law. There are three common types of product liability cases in New Jersey: design defects, manufacturing defects, and failure to warn. Each type of case involves a different aspect of product defectiveness and may require different legal strategies to pursue compensation.
These cases involve products that are inherently dangerous due to their design. A design defect may exist if a product is unreasonably dangerous even when used as intended. A design defect affects all of the products that were manufactured according to that design.
In a product liability case involving a design defect, the plaintiff must prove that the product was defectively designed and that the defect caused injuries or damages. The plaintiff must also prove that the product could have been designed in a safer manner that would have prevented injuries or damages.
Examples of design defect cases include:
- A car that rolls over easily due to a high center of gravity
- A medical device that is implanted in a way that causes harm
- A bicycle with a frame that is prone to cracking or breaking, causing the rider to fall and suffer injuries
- A toaster with a heating element that is too close to the surface, causing the user to burn their hands when removing toast
- A playground slide that is too steep and lacks proper barriers, causes children to fall off and suffer injuries
- A vehicle with a gas tank that is located in an unsafe location, increases the risk of a fire or explosion in the event of a collision
Our product liability attorney can help investigate the design of the product and determine whether a design defect exists. If a design defect is found, the manufacturer, distributor, or seller of the product may be held liable for any resulting harm or injuries.
These cases involve products that are dangerous due to an error or defect that occurred during the manufacturing process. Manufacturing defects only affect some of the products in a line. It can occur due to errors in the production process, the use of faulty materials or components, or inadequate quality control.
In a product liability case involving a manufacturing defect, the plaintiff must prove that the product was defectively manufactured and that the defect caused injuries or damages. The plaintiff must also prove that the defect was not present in the product’s intended design. Our product liability attorney can help investigate the manufacturing process and determine whether a manufacturing defect exists.
Examples of manufacturing defects include:
- A car with a faulty airbag that fails to deploy during a collision
- A food product that is contaminated with bacteria during processing
- A bicycle with a defective brake system that fails to work properly
- A medication that is tainted with impurities during production
- A power tool with a missing safety component that increases the risk of injury
In each of these examples, the product was manufactured in a way that deviated from its intended design, making it unsafe or hazardous for consumers. If you want to hold those responsible for your injuries or damages accountable, contact us today to schedule a consultation with our product liability lawyer.
Failure to Warn
These cases involve products that are not dangerous on their own but become dangerous due to a lack of warning or instruction on how to use them safely. This can include a failure to warn about potential hazards, improper use of the product, or any other necessary safety information. Failure to warn claims can arise in cases where a product is inherently dangerous, but the danger is not obvious to the user.
In a product liability case involving a failure to warn, the plaintiff must prove that the product was not accompanied by adequate warnings or instructions and that this failure caused injuries or damages. Our product liability lawyer can help investigate the product and determine whether there was a failure to warn.
Examples of failure to warn include:
- A medication that does not include information about potential side effects or interactions with other medications
- A power tool that does not include instructions for safe operation, such as wearing protective gear or avoiding certain materials
- A cleaning product that does not warn about potential skin or eye irritation from exposure
- A toy that does not include age recommendations or other safety warnings
- A chemical product that does not include information about safe handling, storage, or disposal
In each of these examples, the product may be dangerous or hazardous, but the user is not adequately warned about the risks. If you have been injured or suffered damages due to a product’s lack of instruction or warning, it is important to speak with a product liability attorney who can help you hold the at-fault parties responsible. Give us a call today!
What Are New Jersey’s Legal Theories In Product Liability Claims?
In New Jersey, there are several legal theories that can be used to pursue a product liability claim. The most common legal theories are:
- Negligence: To prove negligence in a product liability case, the plaintiff must show that the defendant had a duty to use reasonable care in designing, manufacturing, or distributing the product and that the defendant breached that duty, causing the plaintiff’s injury.
- Strict liability: Under the doctrine of strict liability, a manufacturer can be held liable for injuries caused by a defective product, regardless of whether they were negligent. To prove strict liability in a product liability claim, the plaintiff must show that the product was defective, that the defect existed when it left the manufacturer’s control, and that the defect caused the plaintiff’s injury.
- Breach of warranty: A breach of warranty claim can be brought when a product fails to meet the promises or expectations made by the manufacturer or seller. There are two types of warranties that may apply in product liability cases: express warranties and implied warranties.
- Fraud and misrepresentation: In some cases, a manufacturer may make false or misleading statements about a product’s safety or efficacy. If a plaintiff can prove that they were injured as a result of the manufacturer’s fraud or misrepresentation, they may be entitled to damages.
Determining which legal theory or theories to pursue in your product liability case requires careful analysis of the facts and circumstances of each individual case. Our product liability attorney can help determine which legal theories may be appropriate and can work to build a strong case for damages on behalf of the injured consumer.
How To Prove Negligence In A Product Liability Claim In New Jersey?
When a consumer is injured by a defective product, they may have a legal claim for damages under product liability laws. To successfully pursue a product liability claim in New Jersey, it is often necessary to prove that the manufacturer, distributor, or seller of the product was negligent.
To prove negligence in a product liability claim in New Jersey, the plaintiff must generally establish the following elements:
- Duty of Care: The defendant had a duty to use reasonable care in designing, manufacturing, or distributing the product.
- Breach of Duty of Care: The defendant breached that duty by failing to use reasonable care in the design, manufacture, or distribution of the product.
- Causation: The defendant’s breach of duty was the cause of the plaintiff’s injury and losses.
- Damages: The plaintiff suffered actual damages as a result of the injury.
Our product liability attorney in New Jersey can help guide you through the legal process and work to gather the evidence necessary to build a strong case for negligence in your product liability claim. If you want to maximize your chances of obtaining fair compensation for your injuries or damages, contact us today to schedule a consultation.
Who To Pursue In A Product Liability Claim?
In a product liability claim, there may be several parties who could potentially be held liable for the plaintiff’s injuries. The specific parties who can be pursued in a product liability claim will depend on the facts and circumstances of the case, as well as the legal theory being pursued. Generally, the parties who may be held liable in a product liability claim include:
- The manufacturer of the product: The manufacturer of a product can be held liable if the product is defective and causes injury to the consumer. This includes both the manufacturer of the final product and any component parts that may have contributed to the defect.
- The distributor or retailer of the product: In some cases, the distributor or retailer of a product may be held liable if they knew or should have known that the product was defective, yet still sold it to consumers.
- The designer or engineer of the product: If a product is defectively designed or engineered, the designer or engineer may be held liable for any resulting injuries.
- The testing laboratory or certifying agency: If a product is tested or certified by a third-party laboratory or agency, and that testing was inadequate or inaccurate, the laboratory or agency may be held liable.
- Other parties involved in the product’s supply chain: Depending on the specific facts of the case, other parties involved in the product’s supply chain, such as suppliers or subcontractors, may also be held liable.
Determining which parties to pursue in a product liability claim requires careful investigation and analysis. Our product liability attorney can help identify all potentially liable parties and work to build a strong case for damages on behalf of the injured consumer. Reach out to us immediately so we can begin working on your case.
What Type Of Damages Can I Recover In A Product Liability Claim in New Jersey?
In a defective consumer product claim, compensation may be awarded to the plaintiff for any injuries, damages, or losses suffered as a result of the defective product. The specific types of compensation available depend on the nature and extent of the harm suffered, as well as the laws in the jurisdiction where the claim is filed. In a product liability lawsuit, a plaintiff may be entitled to both economic and non-economic damages.
Economic damages are tangible financial losses suffered as a result of a defective product. They can include:
- Medical expenses, including costs for treatment, medication, and rehabilitation
- Lost income or wages due to missed work time or decreased earning capacity
- Property damage, such as damage to a vehicle or other personal property
- Other out-of-pocket expenses related to the injury, such as travel expenses for medical appointments or the cost of in-home care
Non-economic damages, on the other hand, are intangible losses that can be more difficult to quantify. They can include:
- Pain and suffering, including physical pain, emotional distress, and mental anguish caused by the injury
- Loss of enjoyment of life, or the inability to engage in activities that the plaintiff previously enjoyed
- Loss of consortium, which refers to the impact the injury has on the plaintiff’s relationship with their spouse or family members
- Wrongful death refers to the compensation awarded to the surviving family members of a person who has died as a result of a defective or dangerous product
The amount of damages a plaintiff may be entitled to depends on a variety of factors, including the severity of the injury, the extent of financial losses suffered, and the conduct of the defendant. Our product liability lawyer in New Jersey can help evaluate the potential value of a case and advocate for fair compensation on behalf of the plaintiff.
What Is The Statute Of Limitation For Product Liability Claims In New Jersey?
If you or a loved one has been injured by a defective product in New Jersey, it is important to act quickly to protect your legal rights. One crucial deadline you should be aware of is the statute of limitations for filing a product liability claim. The statute of limitations sets a time limit for bringing a lawsuit, and if you miss this deadline, you may be barred from recovering compensation for your injuries.
In New Jersey, the statute of limitations for product liability cases is generally two years from the date of the injury. This means that if you were injured by a defective product, you must file a lawsuit within two years of the date of your injury, or you will likely be unable to pursue legal action.
It is important to note that there are some exceptions to this general rule. For example, if the injury was not immediately apparent or could not have been discovered through reasonable diligence, the statute of limitations may be extended to two years from the date the injury was or should have been discovered. It is always best to consult with a product liability lawyer in Houston to determine your rights.
Do not wait to speak with a lawyer. The clock is ticking on the statute of limitations, and time is of the essence in protecting your legal rights. Contact our product liability attorney at New Jersey Injury Lawyers P.C. today to discuss your case and learn more about your options for seeking compensation.
Call our Seasoned New Jersey Product Liability Attorney Now!
At New Jersey Injury Lawyers P.C., we understand that injuries caused by accidents or negligence can be life-altering. Our product liability attorneys specialize in a range of personal injury cases, including brain injury, construction accidents, medical malpractice, slip & fall, sexual harassment, wrongful death, car accidents, truck accidents, transit accidents, and workers’ compensation.
If you have been injured due to a defective product, our product liability attorneys can help you negotiate a fair settlement or pursue legal action to obtain compensation for your injuries. We will investigate your case thoroughly, identify all potentially liable parties, and work tirelessly to hold them accountable for their actions.
Our goal is to ensure that you receive the maximum compensation possible for your injuries, which may include medical expenses, lost wages, pain and suffering, and other damages. We understand the complex nature of product liability cases and will fight tirelessly to protect your rights and interests.
If you have been injured, do not hesitate to contact us for a consultation. Our attorneys are dedicated to fighting for the rights of injured individuals in New Jersey, and we will work tirelessly to achieve the best possible outcome for your case. Let us help you navigate the legal process and obtain the compensation you deserve. Pick up your phone now and call us for an appointment.