How Product Liability Laws Protect You From Defective Products
When a defective product injures you, you have the right to receive compensation for your injuries because, as a consumer, you have a reasonable expectation that if a product is sold for a certain purpose that it should be safe when used for the intended function. There are three different types of product liability cases, and in order to move forward with any of them, you will need to prove that the defect in the product is responsible for your injuries. While these cases can be difficult to prove, a personal injury attorney can help you organize and present your case.
The Types of Product Liability Cases
The state of New Jersey takes product liability very seriously. The New Jersey Product Liability Act provides you with three legal paths to take in proving liability in your case. In all these cases, being able to show how the product caused your injury is a crucial piece of evidence towards winning your case.
A defect in design occurs when the actual designer of the product fails to take the necessary steps to make sure that the product is safe for consumers to use. This case can be difficult to prove as you would have to determine how the product was designed and come up with a safer alternative.
A manufacturing defect occurs when someone involved in the manufacture of the actual product failed to build that product per the design specifications. This issue points to a brazen disregard for the product design by the manufacturer.
Failure to Warn
A failure to warn scenario occurs when the designer and the manufacturer knew that the product could cause an injury yet failed to post warning labels on the item itself. Instructions included in the packaging should include all warnings of possible issues with the product, and they are possibly the most important component in the packaging of any product. If no warning is provided, both the designer and the manufacturer can be found negligent.
What Happens During a Defective Product Liability Case
Both the product designer and the manufacturer have a responsibility to the consumer. When you purchase a product, you should be able to trust that your purchase will not harm you when used as intended. Product defects can occur with a product of any size or purpose. In order to be successful in your defective product case, you need to prove that:
- The product was actually defective.
- The defect existed when the product left the manufacturing facility.
- The defect in the product is what caused your injuries.
- You used the product the right way.
The court requires proof that the facts contained in the case meet the requirements laid out by New Jersey law. In establishing who is liable in the case, there is a need to prove that the injury could happen to any consumer who uses the defective product.
New Jersey Personal Injury Attorneys
Defective product cases are never easy — neither is your pain and suffering due to injuries you have sustained from those defects. You need to have an attorney by your side who is willing to fight for you. Our attorneys have the knowledge and experience to help you with your case. New Jersey courts require a substantial burden of proof to move forward with defective product cases, and you need an experienced lawyer by your side during the process.
If you are injured due to a defective product, you need to contact RAM Law by calling (732) 247-3600 to reach our New Brunswick office or (908) 448-2560 to reach our Somerville office. You can also email us at firstname.lastname@example.org. We have the knowledge and personnel to gather the information necessary for your case.