Product Liability & Defective Product Lawyers
Product liability is an area of the law that allows an injured party to make a recovery against those responsible for placing a defective product into the “stream of commerce”. To know for sure if you are able to make a recovery, call the law offices of Hoffman DiMuzio for a free consultation.
The Law of Product Liability has a long and varied history. Initially it was virtually impossible to make a claim against a manufacturer of a defective product. However, over the years, the courts came to recognize the dangers to the public and established case law to aid those that were injured by defective or dangerous products.
Case Law Allows For Recovery And Increases Product Safety
Case law allows for recovery of personal injuries and property damage caused by unsafe products. Current product liability case law also provides a service to the public in that manufacturers are encouraged to make sure that their products are safe before distributing them to the public. One example is automatic garage door openers. Courts ruled in favor of children injured when the doors closed on them. It was established that the manufacturers could easily add a safety mechanism to reverse the door if someone was in the way. Today all garage doors have this safety feature.
Product Liability Act
Eventually the New Jersey legislature enacted the Product Liability Act in an effort to protect the citizens of our state from dangerous products. The Act incorporated the common law as established by the past cases. The Act provides that a manufacturer (and sometimes the seller) can be liable if the product is not reasonably fit, suitable, or safe for its intended purpose. This can be proven in one of three ways.
- The product has a manufacturing defect. In other words, the product deviated from the manufacturer’s own design. An example would be a chain saw designed with a guard that the manufacturer failed to attach.
- The product did not have adequate warnings or instructions. In these types of claims, the injured party must prove that the absence of proper warning or instruction was the cause of the injury. Sometimes the manufacturer can be held liable if they fail to update warnings or instructions after learning of a potential problem after distribution.
- The product was defective in its design. One example would be a chain saw designed without a guard. In that instance the chain saw would be unsafe in any foreseeable use. Some of these claims are based on a Risk-Utility Analysis. In these types of cases, the injured party must show that there was a better design that was feasible and practical. These cases can however be very complicated.
New Jersey Product Liability Law
New Jersey law does provide compensation for personal injury and property damage caused by dangerous, unfit, or unsafe products. These include products that we all use everyday whether at home or at work. Product liability litigation can be very complex and involves the testimony of expert witnesses.
Contacting A New Jersey Defective Product Lawyer
The passionate, powerful, and proven personal injury team at Hoffman DiMuzio have been handling defective product cases for over 30 years. To schedule a free consultation, contact us online or call 856-637-3000.
Disclaimer: please note this page was written to provide information about the law and is not legal advice. Click here to read more about our disclaimer and our fees and services.
Mr. Caruthers is a proud member of the personal injury team at the law offices of Hoffman DiMuzio and specializes in personal injury, insurance, premises liability, and municipal court.