New Jersey Product Liability Lawyers
The product liability lawyers at Mazie Slater Katz & Freeman regularly represent individuals who have been seriously injured by dangerous and defective products. Many of our product liability cases have been against some of the largest manufacturers in the world. Because of our successes, we have been named to the Best New Jersey Personal Injury Lawyers lists by the Best Lawyers in America. Our firm has won more than a hundred million dollars in compensation for our clients, including the largest product liability settlement in New Jersey history.
Our successes in the field of product liability law include:
If you believe a manufacturer, distributor or retailer is responsible for your injury, call our New Jersey product liability attorneys at 973-228-9898 for a free personalized consultation.
Defective products can be dangerous to consumers, workers, and all those in their vicinity. They can kill, maim, paralyze, burn, or otherwise seriously injure the user or innocent bystanders. When a personal injury or death occurs due to a defective product, our product liability lawyers in New Jersey are here to help the victims fight for justice. The defectively designed or manufactured product could be a machine, ladder, forklift, toy, car, truck, food, medical device, drug, or any other man made item. How do defective goods end up in homes or workplaces? Some companies fail to conduct enough safety testing, while other companies simply ignore the results of their own tests. In fact, some manufacturers factor the cost of product liability lawsuits into the price of their goods!
Every product liability case comes with its own set of circumstances that makes it unique. The United States Consumer Products Safety Commission (CPSC) tracks trends on product-related injuries and fatalities. So do other governmental entities such as the Food and Drug Administration (FDA) and the National Highway Traffic and Safety Administration (NHTSA). According to statistics, in 2012, seven percent of all personal injury cases dealt with unsound products. These cases have the second-highest median damage awards of all personal injury lawsuits.
What Is Product Liability?
Product liability law falls into three main categories: Design Defect, Manufacturing Defect, Failure to Warn, and Breach of Warranty. Strict liability laws in New Jersey protect consumers from product dangers that occur even when there is no clear negligence on the part of the manufacturer. This means a company can be held responsible for an injury in spite of having exercised care when designing and manufacturing the defective product. With a strict liability case, the emphasis is on the product, not on the actions of the company. The facts of each case will determine which legal strategy is used.
What Is the Basis for a Product Liability Claim?
Manufacturers and those in the product supply chain have a duty to act responsibly, developing safe consumer goods. However, defects do occur in both new and existing products. The basis for a product liability claim can involve failures with a product’s design, manufacturing or marketing/labeling. At Mazie Slater Katz & Freeman, we have experience in a broad range of product liability law within New Jersey. A thorough investigation into the cause of a product-related injury allows us to determine the basis for each liability claim we pursue.
Defectively Manufactured Products
A manufacturing defect in the product is another means under New Jersey law for obtaining damages for injuries caused by a defective product. In order to collect under a manufacturing defect theory, the NJ lawyer must prove that the defective product did not meet its design specifications, and that failure to meet the design caused the personal injuries suffered by the plaintiff.
These claims arise due to problems in a production process. Defects or flaws may occur in only a single product or a few products because these defects are unplanned occurrences. Defective product manufacturing creates not only quality issues, but also safety risks for the consumer. Some manufacturers invest less money and time in quality control, leading to defective products being released onto the market. However, even if the manufacturing process was done with great care, the company is still responsible if it provided a product that led to an injury.
To file a defective product lawsuit due to manufacturing problems, injured plaintiffs and their attorneys must prove that: 1) the product was defective at the time it left the possession of the manufacturer, 2) a consumer was harmed, and 3) the product’s manufacturing defect had a definite role in causing the injury.
Defectively Designed Products
Under NJ product liability law, an injured party can recover damages for injuries caused by a defectively designed product, but only if he can prove that the design was defective(i.e., there were reasonably alternative designs that made the product safer).
Cases involving defectively designed products target the plans used in developing and producing a product. Your lawyer may argue that another product design would have worked better with less risk to users, while the defendant will attempt to explain how the benefits of the product’s design are greater than its risks.In some cases, an investigation may reveal that a designer or manufacturer knew about the flaw and proceeded with production anyway.
Failure to Provide Adequate Warnings or Instructions
A New Jersey product liability lawyer may also collect damages for his client by proving that the manufacturer of the product failed to warn of all material dangers it new or should have known of. This is also called a “warning defect” under New Jersey law.
This type of claim is pursued when a product does not come with proper instructions or warnings related to its intended use, and then an injury occurs. Though dangerous equipment, such as power tools, obviously need proper labeling and warnings, <strong>failure-to-warn cases may also be associated with seemingly safe products that do not come with obvious risks. Manufacturers of products also have a responsibility to research and test their products to identify potential hazards for users. Product warnings must be provided to consumers in an understandable way and be easily visible. In some cases, the warning may need to be attached directly to the product. For example, a failure-to-warn claim might stem from a piece of exercise equipment that did not provide proper usage guidelines.
Injuries from consumer products and workplace equipment often lead to significant personal losses, including lost wages, medical bills, and pain and suffering.
Breach of Warranty: When you purchase a product, this item essentially comes with a warranty to perform according to its intended purpose. The warranty can either be stated or implied by the manufacturer. An express warranty is a written or verbal guarantee of quality standards provided by the product’s maker. An implied warranty is a basic guarantee that a consumer product should do the tasks for which it is intended. An attorney with an in-depth understanding of what product liability is can let you know if a manufacturer has breached or broken the warranty.
Our experienced personal injury attorneys in New Jersey can guide you in understanding your product liability claim. To get results, contact our law firm today for a free consultation.
Common Types of Product Liability Cases
Our law firm handles all types of product liability cases that address safety issues or product defects. Consumer injuries can be caused by fire, electrical, chemical, mechanical, or other product-related dangers. Every year products are recalled due to safety concerns. However, products can cause injuries or death before a recall ever occurs. Any time that a new or updated product enters the market, consumers must rely on the manufacturers to have comprehensively tested the product, practiced strict quality control, and marketed the product correctly. When manufacturers and others in the supply chain fall short of their responsibilities, personal injuries occur. They can also occur when the equipment in a manufacturing plant does not operate properly, leading to product related injuries or deaths.
A knowledgeable product liability attorney in New Jersey will have a track record of successfully pursuing personal injury claims related to the manufacturing, design, or labelling of defective products – defects that cause injuries in the home or the workplace.
Common Product Liability Questions
Below you will find answers to the most common product liability questions. Our award-winning New Jersey law firm is dedicated to helping innocent consumers who have suffered due to defective products.
Who can I file a claim against if I was injured or my loved one was injured or killed by a defective product?
Anyone who is injured or has a family member killed by a product may make a claim against the product’s designer, manufacturer, or component manufacturer. In some cases, this action can extend to the companies that also distributed or sold the defective product. Several defendants may have some responsibility in your case.
What must be proven in a product liability case?
There must be evidence that the product posed a risk to its users or was defective. Manufacturers also have a responsibility to provide the appropriate instructions and warnings. The defect must have existed when the product left the manufacturer, and it must have been a cause of the injury or death.
Is it difficult to win a product liability case against a manufacturer?
Product manufacturers will often resolutely defend a claim, working with their lawyers and insurance company. Victims often need legal representation because a thorough investigation of the defect and any injuries caused by the product will need to be done.
What if the product had a disclaimer?
Product disclaimers do not free manufacturers from the responsibility of making products without defects and for providing proper warnings. Companies have a duty to alert customers about product risks. They also must communicate warnings on issues that come to their attention after a product has been distributed.
What if I am injured when using an older product?
Most products are manufactured to provide a service over time. That means the manufacturer has a responsibility related to the product throughout its product life.
How soon should I hire an attorney after suffering an injury?
There is a statute of limitations in New Jersey of two years for filing product liability claims. That means victims have a limit of two years from the time their injuries occur or are first discovered. As soon as you are aware of an injury, it is in your best interest to seek New Jersey legal counsel.
Contact a Product Liability Lawyer Today
Complex product liability lawsuits require specialized legal representation. Contacting our product liability lawyers in New Jersey can be a first step to receiving fair compensation for defective product claims. Call 973-228-9898 or use our online contact form to gain assistance now.