Most people are familiar with the term “product defect” or “defective product” in the context of filing a lawsuit after a product causes a personal injury. Generally, people recognize that products should behave or operate in the manner in which they are designed to be used, and that an action by that product that is unlike anything it was designed to do can cause injury. A cigarette lighter exploding when sparked or an airbag deploying without any collision would be easy examples.
“Product Defect” in the Legal Sense in Atlantic City Cases
The New Jersey Product Liability Act governs all actions related to defective products. Under that law, an individual may seek to hold a manufacturer responsible for injuries caused by a product if the individual can show:
- That the product was defectively designed
- That there was a manufacturing flaw that rendered the product defective
- The company failed to warn consumers of a known danger in the product
Pursuing a Defective Design Claim in Egg Harbor
In order to be successful in a claim that a product was defectively designed, a Plaintiff must prove that either the product’s risks to consumers outweighed its benefits to consumers, or that an alternate design existed that could have minimized or reduced the risk of harm to consumers. Essentially, the Plaintiff must prove that the manufacturer designed a product that, even though it may have had some utility to consumers, was too dangerous to justify its benefit.
Pursuing a Manufacturing Defect Claim in Pleasantville
For a manufacturing claim to be successful, a plaintiff must prove that the product as manufactured deviated from the “design specifications, formulae, or performance standards of the manufacturer or otherwise identical units manufactured to the same manufacturing specifications or formulae” (New Jersey Product Liability Act). Therefore, the Plaintiff must show that the product that caused the damage was produced in a way that deviated from how it was designed to be produced. An example could be the substitution of a material because the manufacturing facility was out of the material called for in the plans, and the substituted material caused the product to fail, injuring someone.
Pursuing a Failure to Warn Claim in Galloway Township
The last of the theories under which a product liability action may be pursued in New Jersey is the theory of failure to warn. In order to successfully show that a manufacturer failed to warn consumers of possible dangers, the Plaintiff must prove that the Defendant failed to provide an adequate product warning or instruction. In order for a product warning or instruction to be adequate, it must be the instruction or warning that a reasonably prudent person in the same or similar situation would have provided to consumers based on that reasonably prudent person’s understanding of the consumer and what he or she would be expected to know.
For example, failing to inform consumers that a certain fabric is highly flammable, knowing that the consumers would not otherwise be aware of the flashpoints of fabrics and would likely expose the fabric to heat by using it close to a fire or in a dryer, would be an example of a failure to warn.
Product Liability Claims in New Jersey are Legally Complex
Pursuing a product liability claim in New Jersey is incredibly challenging and complex. Successfully making such a claim requires experience and a deep understanding of the legal theories available. An experienced attorney will be able to review your claim and give you a good understanding of whether you claim has what is needed to be successful.
Contact an Atlantic City Personal Injury Lawyer to Discuss Your Product Liability Case in New Jersey
Did you or a loved one sustain serious injuries due to the defective design or manufacture of a product, or the manufacturer’s failure to warn in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at the Law Offices of Richard A. Stoloff represent clients injured because of product liability in Egg Harbor, Pleasantville, Galloway Township, Hamilton, and throughout New Jersey. Contact us at (609) 957-6810 or email us to schedule a consultation about your case. We have an office conveniently located at 605 New Road, 1st Floor, Linwood, NJ 08221, as well as offices in Philadelphia, Pennsylvania.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.