Products Liability (Defective or Dangerous Products) Attorneys in Westfield, NJ
In the State of New Jersey, product manufacturers have a legal duty to the reasonable safety of consumers. Manufacturers need to produce and sell products that are safe for consumers to use or consume. When an injury occurs because of the consumption or use of a product, a products liability claim can help cover the damages associated with the injury.
Speak to an Attorney with Extensive Experience in Products Liability Cases
If you or someone you know has been injured after consuming or using a product, a products liability claim may offer monetary compensation. Products liability cases in the State of New Jersey are time sensitive; consult a skilled personal injury attorney who can fight for your right to compensation.
The products liability attorneys at Harrell, Smith & Williams, LLC have many years of dedicated experience helping clients obtain a fair settlement following an injury caused by a product. After an injury, consult our attorneys for a free case consultation.
A General Overview on Products Liability Claims in New Jersey
A product malfunction can occur as a result of three different sources: in the manufacturing, the product’s design, or through a lack of instruction or warning.
- Manufacturing Defects - Here, a product is adequately designed, however, the method in which it was made has made the product unsafe. For instance, if the type of plastic used in making the product was too weak, causing the plastic to break easily, this can be a manufacturing defect. For the most part, a manufacturing defect will affect specific products, not the entire line of the product.
- Design Defects - There are products where the entire line of product can be a hazard as a result of a design defect. Design defects can also be applied to the method in which a product was packaged. For instance, when a medical drug is sold without a childproof container when it was supposed to, and this resulted in the death of a minor, the product’s manufacturer can be held liable for the child’s passing.
- Lack of Instruction or Warning - When the product manufacturer designs a product that is safe and has been well built, but has failed to provide sufficient instructions or warnings for safe product use, this can be a hazard. Products, especially those that require battery charge for use, need proper instructions to avoid possible fire hazards and other dangers.
Types of Damages Available in a Products Liability Claims in New Jersey
When filing a products liability claim in the State of New Jersey, there are four different forms of damages that may be available.
- Compensatory Damages - These types of damages can cover a victim’s medical expenses, loss of income, or property damage that resulted from the use of the defective product.
- Pain and Suffering - Pain and suffering damages will cover the emotional distress associated with the injury. For instance, after a severe burn injury, many victims undergo depression caused by the scarring. Similarly, many victims can face a loss of enjoyment of life or even develop Post Traumatic Stress Disorder following a serious injury.
- Loss of Consortium - When the injury has affected personal relationships, this remedy may be available. This form of compensation may also be available for those who have not personally been injured but have been affected because of a loved one’s injury. This is most commonly seen in wrongful death lawsuits.
- Punitive Damages - In cases where the defendant’s conduct is found to be reckless, some courts may want to ensure that the case is not repeated and award damages to punish the defendant. Dependent on the jurisdiction, however, punitive damages could be restricted to a specific amount.
Common Types of Products Liability Cases throughout New Jersey
Products liability cases can involve the following:
- Motor vehicle parts, such as defective brakes, airbags, or seat belts
- Cosmetic products
- Grooming products
- Children’s toys
- Medical tools or devices
- Food products
- Construction tools
- Lawn equipment
Why Filing a Claim After an Injury is Important
Products liability claims can be reduced to the following: products need to meet the reasonable expectations of the consumer. When the product has failed to do so and has also caused serious injury to the consumer, there may be grounds for a successful products liability claim.
Products that have caused a serious injury, ailment, some form of permanent disability, or have caused the untimely death of a loved one, it is essential to file a products liability claim. Injuries caused from the use of a product can result in costly medical bills and other associated expenses.
As previously mentioned products liability claims in New Jersey are time sensitive. Generally, claims should be filed within two (2) years from the time of the injury or discovery of the ailment. Failing to file the claim within that time frame can ultimately forfeit the case, resulting in the inability to recover compensation for the injuries.
What is Needed to Prove a Case – Products Liability
In typical claims, the following must be demonstrated:
- The victim was injured or has suffered some form of damages
- The item in question was defective or otherwise lacked proper warnings or instructions
- The lack of warning, instruction, or product defect caused the victim’s injury or damages
- The injury occurred when the victim was using the product in the manner the product was reasonably intended to be used
It should be noted, however, that products liability cases in the State of New Jersey are complex, especially in cases where the ailment developed over time. If you have been injured after using a product, consider speaking to a well-versed attorney who can guide you through the claim process.
After a Product Caused Your Injury, Speak to a Knowledgeable Attorney Today
Manufacturers are responsible for their products and you have the right to be safe while using any item you purchase. Under state law, big companies must design and manufacture products to be safe when they are being used. If you were injured after using a product that was dangerous, you should speak to one of our experienced attorneys.
Products liability law is not simple. It is a very broad area that involves various manufacturer defects. At Harrell, Smith & Williams, LLC, we are familiar with many experts who can look at the product that injured you and determine if the manufacturer made a mistake in their design or in their making of the product.
When you may be unsure if you have a claim, we are able to sit down with you, take a look at your concerns and discuss what possibilities you have going forward. We can assess whether or not the product you used was genuinely defective. If you have any questions, we are a phone call away to help you through. Our attorneys will look at all of your injuries, including your medical bills and lost wages. As a result of serious injury, you may also have a diminished earning capacity. Of course, in any case in which injury occurs, you are also entitled to pain and suffering damages. We will look at the totality of your circumstances to ensure that you are compensated for all of your injuries.
If the product malfunction has caused the death of your loved one, you may also be entitled to compensation through a wrongful death lawsuit. Wrongful death claims can cover your loved one’s medical expenses before his or her passing, the funeral and burial costs, as well as his or her pain and suffering before passing. While wrongful death claims will not ease the pain of losing a loved one, they will help the family work through their grief and mourning by covering the expenses associated with the loss.
After a products liability claim, time is of the essence; please call us right away. Allow us to guide you through this difficult time. Let us look at the product and help you determine your rights. Contact us today for a free case evaluation.
Our lawyers will also represent you in civil litigation cases such as Work Compensation, Medical Malpractice and much more.