When we buy and use products, we assume they have been designed with our safety in mind. For the most part, this is the case, but not always. Some products can cause serious harm if they are designed, manufactured, or labeled incorrectly or carelessly. If you or a loved one has been injured by a product, you may be entitled to compensation. Read on to learn more about product liability cases in New Jersey and what you should do in the event of an injury.
What do I do if I was injured by a product?
- Keep the product: it may be tempting to throw the product away to avoid any additional injuries, but you should hang onto it. The product will be a key piece of evidence in your case and will help determine which party should be held responsible.
- Reach out to a personal injury attorney: if you wish to take legal action, you will want to contact an attorney as soon as possible since there is a deadline by which you must file your claim. This deadline is referred to as a statute of limitations. In New Jersey, the statute of limitations for a personal injury accident is two years from the date of the accident. If you miss this deadline, you will likely lose your chance to receive compensation.
Who Can Be Held Responsible?
The three main ways someone may be held responsible for a personal injury lawsuit include:
- Design defect: this occurs when a product designer does not take safety into account when designing a product.
- Manufacturing defect: this occurs when a product is designed safely but the manufacturer, intentionally or unintentionally, deviates from the original design plans.
- Failure to warn: this occurs when a product is designed and manufactured safely but does not include the proper warnings or labels.
Fulfilling the Burden of Proof
Product liability lawsuits can be especially difficult. This is because once you determine which party is responsible for the injury, you will have to prove that some form of negligence was involved.
- Design defect: your legal team must prove that there was a safer, but equally feasible and economical way to design the product and still maintain its original purpose.
- Manufacturing defect: your legal team must prove that the manufacturer deviated from the original design plans.
- Failure to warn: your legal team must prove there the product lacked adequate warnings or instructions.
Because negligence can be difficult to prove, it is important to retain the services of a skilled attorney.
CONTACT OUR 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 send us an email through our online contact form.