When a person uses a product for the product’s intended purposes, the user expects that the product will enhance his or her life, not detract from it. Unfortunately, products are manufactured, designed, and labeled defectively all too often, and when a product is defective, it can cause its user harm. New Jersey product liability law, which is different than a typical personal injury law, establishes an effective path for an injured party to recover damages from consumer goods. At the offices of McOmber McOmber & Luber, P.C., our experienced product liability attorneys in New Jersey can assist you if you have been harmed by a dangerous product. Please call our law firm directly to learn more.
Types of Product Defects
There are three different types of product defect claims. If you have been harmed and you believe a defective product is the cause, our attorneys can help you to determine which type of claim may be most appropriate.
- Defective design claims. A defective design claim alleges that a product has been defectively designed and is inherently dangerous as such. In these cases, the defective design of the product was the proximate cause of the user’s injuries. An example of a defectively designed product is a pharmaceutical drug with side effects that are extremely harmful, outweighing any benefit of taking the drug.
- Defective manufacture claims. A defectively manufactured product claim is one in which the plaintiff alleges that the design of the product is safe, but that an error occurred during the manufacturing phase that rendered the product unsafe. For example, a can of soup that is contaminated by a foreign substance or material (ranging from metal shaving to insect and more) during canning is defectively manufactured. Another example is improperly trimming excess plastics resulting in sharp corners.
- Defective warning label claims. Finally, the third type of product liability claim is a claim that alleges that the product in question was defectively labeled. This might mean that the product lacked a necessary warning label, or lacked instructions for proper use. An example of this might be a pressure cooker that fails to provide the user with a warning regarding the risk of opening the pressure cooker while it is under pressure.
Types of Defective Products
There is no limit to the type of product that can be defective. Product liability claims commonly involved:
- Motor vehicles
- Household appliances
- Children’s toys
- Tools, machinery, and equipment
- Pharmaceutical drugs
Why You Need an Experienced Product Liability Lawyer on Your Side
If you have been injured due to a defective product, it is important that you retain the counsel of an experienced product liability attorney. You will need to prove that your injuries would not have occurred but for the product defect, which can be challenging, especially when you consider that a company will have a highly skilled attorney working to defend it from liability. Our attorneys can investigate your claim, gather expert testimony, calculate your damages, and negotiate your claim. We can also litigate your case in court if need be.
Call Our Product Liability Lawyers Today
To learn more about your right to bring forth a product liability claim in our state, what to do if you have been injured by a defective product, and how our law firm can help, please contact our New Jersey product liability attorneys directly or send us a message to schedule your free consultation at your convenience.