Product Liability Lawyers New Jersey
Every company that produces or sells products has the responsibility to ensure that products they produce or sell are safe for the people that use those products. Things like manufacturing or design defects, or products without warnings can harm consumers. Any consumer that has been harmed by a product has the right to file a product liability lawsuit against a manufacturer, wholesaler, or retailer that bears legal responsibility for the safety of the product.. Your lawyer can guide you through the steps you need to take when filing a product liability lawsuit.
What Are Product Defects?
You can recover damages if you were harmed by a defective product, but you must prove that the defect in the product is what caused the harm. The three types of defects that may make it possible for you to file a product liability lawsuit are marketing defects, manufacturing defects, and design defects. Design defects occur before the product is produced.
A company can be held liable for an injury if they agreed to a design they knew could pose danger to consumers despite the fact there are other safer product designs. If the product design was safe but the manufacturer made an error in assembly of that product, then the manufacturer can be sued if the product causes harm to consumers. Marketing defects refers to when a company does not provide clear or adequate instructions on how a product should be used, or does not provide warnings about the potential dangers of the product.
Strict Liability
In some liability cases, you have to prove that the company making or selling the product failed to use reasonable care, and as a result a consumer was harmed. However, the concept of strict liability does not require you to prove that the company failed to use reasonable care or that the company was negligent. An injured consumer only has to show that the product had a defect making it unsafe for its intended purpose. The company will be held liable even if the company did everything to ensure that the product was safe for the consumer.
Proving Negligence
In cases where the injured party has to prove negligence, the claimant must show that the design or the manufacture of the product caused the claimant’s injuries. The claimant must first show that the defendant had the responsibility to sell a safe product, and that the defendant failed to honor that responsibility. In other words, the claimant has to show that the defendant knew that the defect in the product had the potential to cause harm but manufactured the product anyway.
How A Product Liability Lawyer Can Help You
An experienced product liability lawyer in New Jersey can review your case and advise you on whether you have a claim or not. If you have a strong case, the lawyer will prepare an action plan that can lead to you getting compensation for your injuries. You will need a lawyer that can aggressively advocate for you because product liability cases are incredibly complicated.
