Product Liability Law in New Jersey and its Implications

Product liability law in New Jersey is governed by the Product Liability Act (N.J.S.A. §2A:58C-1 thru 7) of 1987. The Act applies to all products sold or leased in the state, except certain medical devices. Under the Act, a product is deemed defective if it is not reasonably safe for its intended use. A product is also considered defective if it fails to conform to the manufacturer’s specifications. This law also sets forth the standards that must be met for a person to be held liable for injuries caused by a defective product.

If a product is found to be defective, the manufacturer may be held liable for any injuries or damages that result from the use of the product. The Act prohibits manufacturers from disclaiming or limiting their liability for defective products. In addition, the Act provides for strict liability, meaning that a manufacturer can be held liable even if it did not know or could not have known that a product was defective. This law establishes a two-year statute of limitations for product liability claims. This means that you must file your claim within two years of the date of the injury or death. If you do not, your claim will be barred.

Damages You Can Recover

If you have been injured by a defective product, with the help of a product liability lawyer in New Jersey, you may be able to recover damages for your injuries. These damages may include medical expenses, lost wages, pain and suffering, and more. You may also be able to recover punitive damages, which are designed to punish the manufacturer for particularly egregious conduct.

What You Need to Prove

To successfully bring a product liability claim in New Jersey, the injured person must hire a competent New Jersey product liability attorney who can help them prove that the product was defective and that the defect was the cause of their injuries. Three different types of defects can give rise to a claim: design defects, manufacturing defects, and warnings and instructions defects.

• Design Defect. A design defect exists when the product is dangerous because of the way it was designed. To prove a design defect, the injured person must show that there was a safer design available that the manufacturer should have used.
• Manufacturing Defect. A manufacturing defect exists when the product is dangerous because it was not made according to the design. To prove a manufacturing defect, the injured person must show that the product was different from how it was supposed to be made.
• Warnings and Instructions Defect. A warnings and instructions defect exists when the product is dangerous because it did not come with adequate warnings or instructions. To prove a warnings and instructions defect, the injured person must show that they would have been safer if they had been given adequate warnings or instructions.

Once the injured person, with the help of his product liability lawyer in New Jersey, successfully proves that the product was defective and the defect was the cause of their injuries, they also need to prove that the manufacturer knew or should have known about the defect. Under the able guidance of a skilled product liability lawyer in New Jersey, an injured person can do this by showing that the manufacturer received complaints about the product or that the defect was foreseeable. If the injured person successfully proves all of these elements, the manufacturer will be liable for their injuries.

How a New Jersey Product Liability Lawyer Can Help You

An experienced New Jersey product liability attorney can help you determine whether you have a valid claim and if so, can help you recover the compensation you deserve. Product liability claims can be complex and often involve multiple parties. A skilled attorney will know how to navigate the legal system and build a strong case on your behalf.

One way is by filing a civil lawsuit against the responsible party. This could be the manufacturer, distributor, or retailer of the defective product. In the lawsuit, the attorney will request compensation for the damages the victim has suffered. Another way an attorney can help is by negotiating with the responsible party’s insurance company. Many times, the insurance company will be willing to settle the case out of court to avoid the expensive process of going to trial. If the insurance company is not willing to settle, then the attorney can take the case to trial.

No matter how the case is resolved, an experienced product liability attorney will fight for the maximum compensation for their client.

Contact Us Today

At the Law Office of James W. Taylor, Jr., we have more than 30 years of experience fighting for the rights of people who have suffered injuries due to defective or malfunctioning products. We serve Jersey City, Newark, Bayonne, Paterson, Hackensack, and several other communities in New Jersey. If you or a loved one has been injured due to a faulty product, we can help you collect the damages you are entitled to. Call us at 201-418-0143 to book a FREE consultation today.