Product manufacturers, product designers, and product distributors are under a legal obligation in the United States to guarantee that the products these entities release to consumers are safe and do not pose an unreasonable risk of injury, illness or death to consumers who may purchase these products.
In New Jersey, the law requires that the manufacturers and sellers of products release products that are not defective and present no danger to consumers. Companies are also obligated to note appropriate warnings if any part of a product is found to be unsafe or if the use of the product may present hazards to consumer safety or health.
Numerous injuries, illnesses, and deaths that are found to be caused by defective products may have been avoided had the manufacturers designed better products and the manufacturing and selling entities of the potentially dangerous products followed the law, appropriately advising consumers of the dangers in using the product.
If you believe you or someone you know sustained injuries or illness – or someone you know died – due to an allegedly defective product, you may have a valid product liability claim. You may be able to hold the allegedly negligent party answerable for your losses through legal action. This action may assist in providing financial remedy while also helping to prevent other consumers from suffering from injury, sickness, or death due to the allegedly defective product.
If you’re looking for some of the best New Jersey product liability lawyers, keep the attorneys at Parker Waichman LLP in mind. Our attorneys have decades of effective history in New Jersey aggressively fighting product liability claims for its clients.
Do I Have a Product Liability Claim in New Jersey?
Most product liability laws are determined at the state level and these laws differ from state to state. The best product liability lawyers in NJ say that every type of product liability claim requires different components to be shown to produce a successful claim. In the United States, the claims that are the most typically tied to product liability are negligence, strict liability, breach of warranty, failure to warn, and various consumer protection claims.
There are various methods in which a consumer may be harmed by a product that he or she bought; however, being harmed by a product does not mean that the product is defective. Product defects result from negligence or faulty oversight during the design, manufacture, or sale of the product. This includes defective design, a manufacturing defect, a failure to warn, and marketing misrepresentations.
When a product is deemed unduly perilous and poses a danger to the user, design defect has taken place. When this occurs, the claim would be that while the potentially defective product functioned as it was meant to, the design was negligent. In this situation, a judicious manufacturer should have known that the design of the product was defective and that it was likely that the design of the allegedly defective product may have caused the consumer’s injury, illness, or death.
Once a danger is discovered in a product, the design engineer must follow an accepted design priority recognized by all design engineers that is meant to minimize the potential of the product’s dangerous condition leading to injury, illness, or death. The dangerous condition must have been designed out of the product if that may be accomplished with no destruction of the product’s use.
Should this not be accomplished, then the product’s unsafe condition must be protected against. If this turns out to be impossible, a warning must be issued that the dangerous condition of the product may possibly lead to injury, illness, or death.
In a case involving a manufacturing flaw, the injury, illness, or death would have been caused by a flaw in the manufacture of the defective product. The allegedly defective product must also have been improperly manufactured. Improper manufacture would then have caused a hazardous condition that made the product defective and dangerous leading to injury, illness, or death to its users.
When the product manufacturer does not include a warning of the possible dangers associated with use of the allegedly defective product, this lack of action creates a failure to warn. The manufacturer of a product that is reasonably sure to be dangerous if used in a way that is probable must provide appropriate warning of any known hazard associated with the use of reasonable care of the product.
Marketing misrepresentation takes place when the seller of a product does not provide sufficient instruction or warning about the use of the allegedly defective product and slants the perception of how the product should be appropriately used.
How To Prove a Product is Defective
The person who alleges an injury or illness caused by a defective product must show the extent to which the product caused an injury, illness, or death that was due to the allegedly faulty product. This may be shown by using the consumer’s medical records, medical bills, photographs of the injury, and other signs of damages tied to the allegedly defective product.
The product must also be proven to be defective and the product must also be saved. A dedicated New Jersey product liability attorney at Parker Waichman has decades of successful experience working with experts and clients on defective product claims.
Types of defective products include – but are not limited to – kitchen appliances and cookware, powered gardening equipment, power tools, home appliances and machines, prescription medications, medical devices, automobiles, baby toys, baby furniture, children’s toys, car seats, and cancer-causing chemicals.
When Is It Appropriate To File A Product Liability Claim in New Jersey?
The best product liability lawyers in NJ would say that if you are considering an injury claim, there is a set amount of time in which to take action against the allegedly liable party. The time frame is known as the statute of limitations and the clock on the statute of limitation begins as soon as the injury or damage took place or when the victim became aware of the injury that was caused by the defective product. The statute of limitation varies by state; however, in the state of New Jersey, the statute of limitations on product liability cases is typically a maximum of two years to file a claim.
In the state of New Jersey, either the injured individual or the family of a person who died due to a defective product may file a product liability claim.
Legal Help for New Jersey Product Liability Accident and Wrongful Death Victims
If you’re looking for one of the best New Jersey product liability lawyers, keep our firm in mind. Parker Waichman has decades of experience representing victims of consumers injured due to defective products. If you or someone you know was injured or died due to a defective product, you may have valuable legal rights. A New Jersey defective product liability lawyer at our firm can offer a free consultation with no-obligation so you have answers to your legal questions. For more information, please contact us through our online form or call us at 1-800-YOURLAWYER (1-800-968-7529).
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