How to Pursue a Product Liability Claim in New Jersey
Trust is a large part of consumerism. As a consumer, you trust that the products you use have been tested and deemed safe. You trust that when you purchase something, you will not be hurt by the negligence of the company that manufactured it. When this trust is violated, and someone has been harmed, product liability claims arise. In New Jersey, the legal framework governing these claims is designed to protect consumers and hold manufacturers accountable. You have recourse, and our product liability lawyers are here to help. We’re here to help you understand the essentials of pursuing a product liability claim in New Jersey; from understanding the legal basis to the types of compensation you might receive.
What is a Product Liability Claim?
A product liability claim is a legal action taken against a manufacturer, distributor, supplier, or retailer for producing or selling a defective product that causes injury or harm to a consumer. These claims can arise from defects in design, manufacturing, or marketing.
The New Jersey Product Liability Act (NJPLA) provides the legal framework for product liability claims in the state. It allows individuals to seek compensation if they are injured by a defective product. Under the NJPLA, a product is considered defective if it is not reasonably safe for its intended use.
The key provisions of the NJPLA state that:
- The plaintiff must prove that the product was defective.
- The defect existed when the product left the manufacturer’s control.
- The defect caused the injury or harm.
- The product was used as intended or in a reasonably foreseeable manner.
There are three major types of product liability claims:
- Defective design
- Defective manufacturing
- Defective marketing
What is Defective Design?
A defective design claim argues that the product’s design is inherently unsafe, even if manufactured correctly. This means that every unit of the product is dangerous due to its design. Examples of defective design include:
- A car model with a high rollover risk due to its design.
- A power tool that lacks necessary safety guards.
To prove defective design, you must show that the very design of the product is what caused it to injure someone, and that an alternative design was feasible at the time of design.
What is a Manufacturing Defect?
A manufacturing defect occurs when a product deviates from its intended design during production, making it unsafe. This type of defect usually affects a limited number of units. Examples of manufacturing defects include:
- A batch of medication contaminated during production.
- A bicycle with a faulty brake system due to improper assembly.
To prove this type of claim, you need to demonstrate that the product defect occurred during the manufacturing process and that this defect led to your injury.
What is Failure to Warn or “Defective Marketing”?
Failure to warn, also known as defective marketing, refers to the lack of proper instructions or warnings about the product’s potential risks. This can make an otherwise safe product dangerous. Examples of this type of product liability claim include:
- A medication without adequate warnings about side effects.
- A cleaning product that lacks instructions for safe handling, or active ingredients that could cause harm.
To prove defective marketing, you must show that the lack of warnings or instructions made the product unsafe and caused your injury or illness.
Is There a Statute of Limitations on Product Liability in New Jersey?
In New Jersey, the statute of limitations for product liability claims is generally two years from the date of the injury. This means you have two years to file a lawsuit from when you were injured or when you discovered the injury.
There are some exceptions to this statute, such as in cases involving minors or situations where the injury was not immediately discoverable.
Compensation for a Products Liability Claim
Victims of defective products can recover many different types of losses that resulted from the harm they suffered. Many of these types of compensation can include:
- Medical Expenses: including costs for treatment, surgery, rehabilitation, and ongoing care.
- Lost Wages: including income lost due to the inability to work.
- Pain and Suffering: including compensation for physical pain and emotional distress.
- Punitive Damages: only applicable in cases of gross negligence or intentional harm. These punitive damages may be awarded to punish the defendant and deter similar conduct in the future.
Is It Worth It to Work with a Product Liability Lawyer?
While a person can bring a product liability lawsuit on their own, it’s highly recommended that you consult a professional team of product liability attorneys. Suing a business is not like bringing a lawsuit against a single person; the business will have a large team of lawyers who can protect them. Many product liability cases also have strength in numbers. These class action lawsuits show a pattern of negligence because the number of victims is large.
When you work with a product liability lawyer, you gain access to their:
- Expertise to navigate the complex legal landscape and ensure all procedural and legal requirements are met.
- Resources to gather critical evidence, including expert testimony.
- Ability to negotiate with companies and other parties to secure a fair settlement or, if your case goes to court, they can effectively present your case to a judge or jury.
Have a Product Liability Case?
Pursuing a product liability claim in New Jersey involves a big undertaking, but it’s not a problem for our attorneys at Eichen Crutchlow Zaslow. We’ve secured over a billion dollars in verdicts and settlements for our clients, and we’re prepared to fight for you too. If you or a loved one has been injured by a defective product, our team of experienced personal injury lawyers fight for your right to receive fair compensation and justice. These cases can be complex, but we’re to help. Get in touch with us today to determine if you have a claim for your injuries.