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Product Liability Claims in New Jersey | What to Know

Consumers usually have trust that the products they are buying are safe to use. However, if a company releases a defective product and someone is injured as a result, the company may be held liable for its failure to properly design, manufacture, or warn consumers about the potential risks. Under New Jersey product liability law, injured consumers may be entitled to financial compensation if a defective product caused their injuries. If you were injured because of a defective product, you may have a valid product liability claim. Contact our experienced New Jersey personal injury attorneys at the Wilton Law Firm today to discuss your case and your options. Read on to learn more about product liability injuries.

What Is Product Liability in New Jersey?

Product liability refers to the legal responsibility companies have to ensure the products they make for consumers are reasonably safe to use. If a company releases a defective product and someone sustains an injury as a result, the company can face liability for damages.

All companies have a duty to make sure that their products are safe to use before they release them on the market. This is known as product liability. If a company fails this duty and someone is injured as a result, the company may be held responsible for the injuries and damages suffered.

How Product Liability Claims Commonly Arise

  • Dangerous or defective consumer products
  • Unsafe medical equipment
  • Defective vehicles
  • Defective electronics or batteries
  • Unsafe child’s toys
  • Defective household appliances
  • Products without adequate warnings

Who May Be Held Responsible for a Defective Product

Product liability claims in New Jersey can involve multiple individuals within the chain of distribution. As such, potentially liable parties may include:

  • Product manufacturers
  • Product distributors
  • Parts manufacturers
  • Distributors
  • Retailers
  • Importers
  • Third-party contractors

What Types of Defects Lead to Product Liability Claims?

Several types of product defects may serve as the foundation for a product liability lawsuit in Monmouth County and throughout New Jersey. Understanding the different types of defects is critical to prove liability.

These claims often arise in defective consumer products, including those sold in retail stores, pharmacies, automotive dealers, and commercial distributors throughout Monmouth, Middlesex, and Essex Counties.

Design Defects

Design defects arise when a manufacturer designs an inherently unsafe product. All units produced with this design will be defective. Common examples include:

  • SUVs designed with an off-balance center of gravity
  • Medical devices made using dangerous materials that degrade inside the body
  • Toys built with small, detachable parts that increase choking risk

Manufacturing Defects

Manufacturing defects occur when an otherwise safe design is rendered unsafe by issues or errors during the manufacturing process. This may impact some, if not all, products made using the manufacturing method. Examples include:

  • Hair straighteners manufactured without temperature control
  • Power tools missing important screws
  • Cracked automobile parts

Failure-to-Warn

A failure-to-warn defect happens when a company fails to warn consumers about the potential dangers a product poses when used incorrectly, such as:

  • Failure to provide safety instructions
  • Missing warning labels
  • Lack of recall notices

What Should I Do if I am Injured?

If you were injured as a result of a defective product, taking immediate action is critical to improving the outcome of your claim. Evidence preservation and medical records can help increase the chances of a successful outcome.

It is critical that you do not throw the product away. The defective product can be a key component of a successful product liability claim.

Immediate Steps to Take After a Product Liability Injury

  • Call 911 to request immediate medical attention
  • Seek care, even if injuries appear minor or you feel okay
  • Keep the defective product as is – do not attempt to repair the product
  • Take photos and videos
  • Gather all packaging, instructions, and labels
  • Request copies of all medical documentation
  • Contact an experienced Monmouth County Personal Injury Attorney

Why Evidence Preservation Is Critical

The defective product, as is, is generally one of the most important pieces of evidence in a product liability claim. Preserving the defective product can help establish:

  • Design defects
  • Manufacturing defects
  • Missing warning labels
  • Safety violations
  • Inadequate assembly

How Is Liability Proven in a New Jersey Product Liability Claim?

To hold a company accountable for its negligence, the injured customer must prove that the product was defective and that the defect directly caused their injuries. You do not need to prove that the company knew or should have known about the defect, as product liability claims operate on a strict liability basis. This means the existence of the defect is enough to prove liability.

Elements Commonly Involved in Product Liability Cases

A successful product liability claim generally involves proving:

  • The product contained a defect
  • The defect existed before the product was obtained by the customer
  • The product was used as intended or in a reasonably foreseeable manner
  • The defect directly caused the injuries
  • The victim suffered damages as a result of their injuries

How Long Do I Have to File My Product Liability Claim?

New Jersey generally imposes a two-year statute of limitations from the date of the accident to file a claim in accordance with N.J.S.A 2A:14-1. This means that if you fail to file your legal claim within two years, you will likely lose the opportunity to obtain the compensation that you deserve.

Personal injury claims are time-sensitive. Do not wait. Contact our firm today to get started on your case to ensure you are meeting your deadlines.

Contact Our Monmouth County Injury Firm

Retaining an attorney after an injury-causing accident is the most effective way to ensure that you receive the compensation to which you are legally entitled. To learn more about how we can help you, call the Wilton Law Firm today at 732-275-9555 or contact us online.

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