Defective and dangerous products injure thousands of people every year. Even though manufacturers are responsible for ensuring that the merchandise they introduce into the stream of commerce is safe to use, mistakes happen frequently. In other cases, manufacturers and sellers might put profits ahead of people.
If using a product that was dangerous or defective caused you an injury, you could be entitled to money damages. Consult with a New Brunswick defective products lawyer to discuss the process of seeking compensation for your losses.
In most product liability cases, it will not be necessary to show that anyone was negligent. A manufacturer, distributor, or seller could be liable even if they did nothing wrong.
Although they need not prove negligence, an injured person must show that the product was unsafe when it left the control of the manufacturer. They could do this by presenting evidence that there was a defect in the product’s design or manufacture, or its label was inadequate.
A plaintiff could demonstrate a design defect by establishing that the product is unreasonably dangerous when used as directed. The injured person must present evidence that there are alternative, economically viable ways to design the product differently and that a different design would make the product safer.
If an error or irregularity in the production process of a particular item or batch of items renders them unusually dangerous, an injured person might assert a manufacturing defect. In a manufacturing defect case, the injured person is not alleging that the product is always unreasonably dangerous, only that the particular example of the product that they used was defective when it left the plant.
When product warnings are insufficient to inform users of known or foreseeable risks, an injured person could allege a labeling defect. A product must come with instructions that are adequate to allow for its safe use and that warn a user of its known and reasonably foreseeable risks.
Besides proving that the product was defective in its design, manufacture, or labeling, a plaintiff’s attorney also must prove that they were using the product in a way the manufacturer could have reasonably anticipated.
A defendant in a product liability action also might assert that a plaintiff’s negligence contributed to the incident that caused their injuries. A plaintiff’s lack of caution could limit the damages they collect from the manufacturer of a defective product.
New Jersey Statute 2A:15-5.1 allows a plaintiff to collect damages if they bear less than 50 percent of the responsibility for the event that led to their injury. However, a court will reduce the plaintiff’s damages by a percentage that equals their degree of fault. When a court finds a plaintiff’s conduct was at least half to blame for an accident, the plaintiff cannot collect damages.
The thought of taking legal action against a large corporate manufacturer might be intimidating. But if you have suffered injuries because they allowed an unreasonably dangerous product into the marketplace, you deserve justice.
A New Brunswick defective products lawyer is not afraid to go up against corporate legal teams trying to deny you just compensation. You have a very short time to act, so schedule a consultation today.