We Fight to Protect Consumers from Unsafe and Defective Products
Defective products injure thousands of Americans annually and cause millions of dollars worth of damages. Product liability cases differ from basic personal injury cases, making it easier to collect compensation for any damages. New Jersey law holds product manufacturers to high safety standards ensuring they are held accountable for any injuries caused by defective products.
Product manufacturers must ensure their products are safe to use, free from hazards and come with appropriate warning labels and instructions. It is important that all elements of product production have been completed correctly before products go on the market. If a consumer is injured by a defective product, the manufacturer may be held liable for any damages associated with the injury.
In some cases, the product manufacturer is not the only party to blame for damages. Distributors, licensees and subcontractors could all be included in a product liability claim. If the product was produced overseas then imported to the United States for distribution or sale, the American company will be held liable for damages even if the problem originated during overseas manufacturing.
Types of Defective Product
While all types of products have the potential to be dangerous or defective, some are more likely to cause injury or death when they malfunction than others. Common types of defective products include:
- Appliances – faulty wiring can cause electrical shock while unsafe gas line connections can lead to explosions.
- Automobiles – seat belts, airbags, brake defects and mechanical defects cause injuries when they do not work as intended.
- Chemicals – toxins in the formula can lead to breathing problems or chemical burns.
- Medical Devices – surgical equipment, robotics and home health products can injure medical patients who are already delicate or ill.
- Pharmaceuticals – drugs with unknown or hidden side effects can lead to permanent injury or even death.
- Power tools – saws, drills and lawn tools can cause breaks, cuts and amputations if used incorrectly or without proper safety equipment.
- Toys – children’s products may contain lead paint or small pieces that lead to choking.
All of these products must be designed safely, manufactured correctly and properly labeled to ensure that no injury will result when consumers use the product according to expectations.
Types of Defective Product Lawsuits
Most product liability lawsuits fall under three main categories. The first is poor design. If the product has a design flaw that causes hazards during normal use, it is considered a defective product. The second type of defect is caused by manufacturing error. This can affect all products or just certain ones produced in a particular factory or under certain conditions. In these cases, the design itself is not flawed, but a problem occurred when the product was created that makes the product unsafe. The third type of product defect lawsuit develops when a consumer does not receive adequate warning about the hazards of a product or adequate instructions for how to use the product safely.
Reasonable Use of a Product
In order for an individual to substantiate a product liability claim, they must be able to prove that the product in question is defective and, more importantly, that the defect itself was directly responsible for any injuries or damages. Additionally, the individual must have been using the product according to its intended purpose at the time of the accident in order to have a valid product liability claim. If the individual was misusing or abusing the product and received injury, they would have no claim to compensation.
Who is Responsible?
Typically, the product manufacturer is responsible to pay for any damages resulting from a defective product. However, at times other parties share in the responsibility and can also be held liable for compensation. For example, distributors and retailers may share liability if there is a possibility that they may be responsible in some way for the defect. Contractors and subcontractors who install or assemble products can be held liable for injuries related to how a product was put together or if it was installed incorrectly.
Consult with a New Jersey Products Liability Lawyers at Eichen Crutchlow Zaslow & McElroy, LLP
Due to the complexity of the process, individuals considering a product liability lawsuit should seek legal representation as soon as possible after their injury. A skilled legal team will be able to offer advice and representation and help ensure that victims receive maximum compensation for injury or loss. Additionally, a defective products lawyer can help identify all liable parties who should be included in the lawsuit.
If you or a loved one has been seriously injured by a defective product, contact us today. Our New Jersey product liability lawyers at Eichen Crutchlow Zaslow & McElroy, LLP have experience negotiating product liability settlements and taking cases to trial. We provide aggressive representation backed by a thorough knowledge of both state and federal product liability laws.
Please call our team at 732-777-0100 or contact us online to arrange a free consultation at one of our offices in Edison, Red Bank or Toms River, New Jersey.