Consumers usually have trust that the products they buy are safe. However, in some instances, they may not be. If a product is poorly designed or is not properly labeled, injury can occur. If you were injured as a result of a defective product, you may have a viable product liability claim. Contact our experienced New Jersey personal injury attorneys to discuss your case and your options.
What is a product liability claim in New Jersey?
Product liability means that companies have a duty to ensure that their products are safe to use before they are distributed to the public. If a company fails to ensure that the product is safe and an injury happens as a result, a lawsuit can incur. Product liability issues can happen with children’s toys, appliances, motor vehicles, and more. Companies will also have to provide labeled instructions with their products to show how to safely use them. If someone is injured because of missing labeled instructions, the company may be held liable.
Who is held responsible for a product liability claim?
Oftentimes, product liability lawsuits can be complex and challenging to find the party at fault. There are three possible ways to hold a party accountable. They are as follows:
- Design Defects: If a product is not designed in a safe way, a consumer can get seriously injured. In a design defect case, the injured party must prove that there was a safer and more practical, and equally economical way to design the product while still maintaining the product’s original intent.
- Manufacturer Defects: Once a product design is approved, it is sent to production. If a manufacturer deviates from the original design, the product may no longer be safe. The injured party must prove that there was a deviation from the sound design.
- Failure to Warn: If a product may be designed and manufactured well, but the company fails to include clear warnings and instructions with the product to ensure user safety, injury can result. If an injury occurs, the company can be held responsible for failure to warn of any hazards when using the product.
What should I do if I was injured?
If you were injured by a defective product, it is in your best interest to reach out to an experienced personal injury attorney that can help you begin your legal claim process. It is also important to note that you should not throw away the defective product, as it can be key evidence in determining which party was at fault.
Contact our Firm
We understand the impact a serious injury can have on an individual’s life. If you have been injured in New Jersey due to another party’s negligence, please do not hesitate to speak with an experienced attorney who can assess your situation and guide you through your legal options. Contact our firm today to learn how we can help.