Frequently Asked Questions About Product Liability Cases & Attorneys
Defective products can be dangerous to consumers, workers, and everyone in the vicinity of someone using the defective product. Defective products can kill, maim, paralyze, burn, or otherwise seriously injure the user or innocent bystanders. A defective product can be a machine, ladder, forklift, toy, car, truck, food, medical device, drug, or any other manmade item. Because each and every product liability case is unique, here are answers to frequently asked questions about product liability cases and attorneys.
Question: What is a product liability claim under New Jersey law?
Answer: Product liability claims are an aspect of personal injury law that permits an injured person to recover for damages against the manufacturer, seller, distributor, or other party involved with placing a defective or unreasonably unsafe or dangerous product into the stream of commerce.
Question: What is a defective product?
Answer: A product is defective if it causes personal injury or death due to defective design, manufacturing, or inadequate warnings. Products that may be the subject of such a lawsuit include everything from automobiles and kitchen appliances, to lawn mowers, forklifts and tools.
Question: What does a plaintiff have to provide in a New Jersey product liability lawsuit?
Answer: When dealing with manufacturing defects, plaintiffs do not typically have to prove that the manufacturer was negligent; rather, plaintiff must only prove that the product was defective. Under New Jersey law, a plaintiff in a product liability case may assert any or all of the following claims for personal injuries: that the product was defectively designed; that the product was defectively manufactured; and that there was a failure to adequately warn of the dangers or use of the product.
Question: How much time do I have to file a product liability lawsuit in New Jersey?
Answer: There is a two-year statute of limitations in products liability cases in New Jersey. Once you discover (or reasonably should have discovered) the product defect, you have two years to file a lawsuit against the manufacturer, seller, distributor, or other guilty party. Failure to file a claim within two year statute of limitations means that you will forfeit your right to seek compensation for your injuries through a lawsuit.
Question: What type of damages can I seek in a product liability lawsuit?
Answer: Under New Jersey law, a defendant in a products liability case is required to pay for all the damages which flow from the defective product. Those damages may be economic, like lost wages, or non-economic, like pain and suffering.
Question: If I decide that I want to proceed with filing a lawsuit, how do I
pay my New Jersey attorney?
Answer: Almost every attorney in New Jersey will accept the case on a “contingency fee” basis. Under a contingency fee arrangement, an attorney will not be paid unless you recover damages, either by a settlement or jury verdict. If you recover nothing, you are not responsible to pay the attorney. If there is a recovery, the New Jersey attorney will take a specified percentage of the recovery as a fee (dictated by New Jersey statute) and will be reimbursed off the top for any expenses advanced for the litigation. The client is responsible for the payment of all outstanding medical bills and liens regardless of whether there is a recovery.
Question: How much is my product liability case worth?
Answer: Every case is different and must be evaluated on its own merits. Factors that will impact the value of a case include, but are not limited to, the nature and extent of your injuries, any prior medical conditions, whether future surgery is foreseeable / necessary, economic losses, your age, whether the product was being used in a manner it was reasonably intended to be used at the time of the accident, and the skill and experience of your attorneys.
If you or a loved one have sustained injuries or wrongful death due to product liability, please contact Mazie Slater Katz & Freeman’s product liability attorneys at our NJ law office. We will respond within twenty-four (24) hours to further discuss your product liability case.