PRODUCT LIABILITY & DEFECTIVE PRODUCTs LAWYERS
Product liability is an area of the law that allows an injured party to recover against those responsible for placing a defective product into the “stream of commerce”. Under the law, any product sold to the public must be reasonably fit, suitable and safe for its intended use. If that product is not safe and causes harm, the manufacturer and/or seller of that product may be responsible for any injuries and expenses related to any harms and losses the product caused.
To determine if you can recover compensation for damages caused by defective products, call the law offices of Hoffman DiMuzio at 856-637-3000 or use our Live Chat function to schedule your free consultation today.
Product Liability law has a long and varied history. Initially it was virtually impossible to make a claim against a manufacturer of a defective product. However, over time, the courts came to recognize the dangers many products posed to the public and established case law to aid those who were injured by defective or dangerous products.
CASE LAW ALLOWS FOR RECOVERY AND INCREASES PRODUCT SAFETY
Case law (i.e. law established through the rulings of the judicial branch of government) has created a system that allows individuals to seek recovery for 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. When children were injured by a garage door erroneously closing on them, their attorneys argued that manufacturers could easily add a safety mechanism to reverse the door if someone was in its path. The Courts agreed, and today all garage doors have this safety feature.
PRODUCT LIABILITY ACT
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 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 it fails 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 be very complicated.
NEW JERSEY PRODUCT LIABILITY LAW
New Jersey law provides compensation for personal injury and property damage caused by dangerous, unfit or unsafe products. These include products that we all use every day, whether at home or at work. Product liability litigation can be incredibly complex, often requiring the testimony of experts in relevant fields, as well as extensive document discovery that requires attorneys who are thorough and precise.
CONTACTING A NEW JERSEY DEFECTIVE PRODUCT LAWYER
The personal injury team at Hoffman DiMuzio has been handling defective product cases for over 35 years and has recovered millions of dollars for our clients injured by machines, tools, vehicles and other defective products. To schedule your free consultation, call 856-637-3000 or utilize our Live Chat option.
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