If a defective or dangerous product caused you injury or damage, a ligation attorney at McOmber McOmber & Luber, P.C. will represent you in a product liability claim. New Jersey state law protects consumers from three types of product liability claims; defective manufacturing, poor design, and lack of warnings on products. 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.
According to the liability theory, an injured party, also known as a plaintiff, must prove that a product was defective and that such defect made the product dangerous. If liability is proven in court, the product manufacturer, parts manufacturer, assembling party, product installer, wholesaler, and the retail store may be a liability for damages. An experienced attorney at McOmber McOmber & Luber, P.C. may recover monetary compensation for medical bills, future medical care, economic damages, lost wages, and other damages.
Defective Designed Products
In the first type of product liability category, the design of a product is dangerous or defective well before the product was manufactured. Defectively designed products involved an entire array of products or brands that are dangerous, regardless of the assembly or manufacturing process. The plaintiff must prove that the product was used for its intended purposes, but the foreseeable risk from the design defect causes harm. An example of a design defect includes a product line of phones that can electrocute the user while making a call.
Defective Manufactured Products
The second type of product liability category is when a product is defectively manufactured. Defectively manufactured claims arise when an error in the manufacturing process, such as not meeting certain specifications, causes harm. If the flawed product left the factory and causes injury, even with manufacturing quality control standard, the manufacturer may be liable for damages; known as strict liability. An example of manufacturing defects includes improperly trimming excess plastics resulting in sharp corners and using weak mechanical parts.
Limited Warnings and Instructions
The third type of product liability category involves a product’s lack of adequate warnings and instructions in regards to the product’s safe and proper use. Warnings and instructions are required by law for products that are foreseeably dangerous in a non-obvious way. Products must warn of hidden dangers and display instructions on how to avoid such dangers. These warnings and instructions must be clear, visible, and written in plain English. An example includes the lack of warning that a product may cause a fire if operated for more than three hours.
Seeking Legal Counsel and Representation
If you believe that you have a product liability case, it is imperative to consult with an experienced and reputable litigation lawyer. Red Bank & Marlton product liability and litigation lawyers at McOmber McOmber & Luber, P.C. have been representing clients since 1974.