Perth Amboy Product Liability Lawyer

When you buy an item from the store, you believe you are purchasing a fully functioning product. However, there are times when the product does not work properly and results in an injury. A Perth Amboy product liability lawyer can help you recover for these damages.

Product liability injuries arise when a design or manufacturing defect exists in a product. A legal professional could help you prove a defect existed in the product, and you deserve damages as a result.

Proving a Product Liability Case

Under New Jersey Statutes 2A:58C-2, a plaintiff may recover for product liability if there was a design defect, manufacturing defect, or failed to contain an adequate warning. An experienced attorney in Perth Amboy could help establish a product liability case.

  • Manufacturing Defect: Establishing a manufacturing defect requires proving something went wrong in making the product. When a product departs from the design and becomes more dangerous than customers anticipated, a manufacturing defect occurred. A manufacturing defect typically occurs in a single or a few items and not the entire product line.
  • Design Defect– A design defect occurs when the product plan or design is flawed and results in a product that is dangerous for a consumer to use. A design defect makes the entire line of products dangerous.
  • Failure to warn: Manufacturers must place warnings on products regarding the risks associated with their use. If a warning does not exist or does not adequately describe the risks, then the manufacturer is responsible for any resulting injuries.

The Use of The Product

The injured party must have been using the product within a reasonable manner. Therefore, a plaintiff injured using a product outside of a reasonable use cannot recover.

Reasonable use does not require the plaintiff to use the product as the manufacturer intended it. Use is reasonable when it is foreseeable to the manufacturer that a plaintiff would use their product in that manner.

Strict Liability For Product Liability

Product liability is known as a strict liability offense. Strict liability means that regardless of the defendant’s actions, they are responsible for any damages the plaintiff suffers. It does not matter if the defendant took steps to ensure the defect would not occur.

However, strict liability is not automatic liability, and the plaintiff’s negligence can reduce their recovery. A plaintiff’s recovery can be reduced based on the following:

  • Plaintiff using the product in a way they knew or should have known had potential to cause an injury
  • Plaintiff was careless in their actions using the product or used in a manner not intended for the product.
  • A third person or outside event caused the injury, and the product was not the true cause of the injury.

Proving strict liability is a huge first step in a product liability case. Once a product defect is shown, the burden shifts to the defendant to prove another cause of the plaintiff’s injury. A product liability lawyer in Perth Amboy has experience proving the manufacturer should not escape liability.

Consult With a Product Liability Attorney In Perth Amboy

Product liability cases can be difficult as you are suing a large company or corporation. Having a law firm protect your interests is an important first step to take. Consult with a Perth Amboy product liability attorney to see if you have a chance to recover from a manufacturer.

An experienced attorney could help deal with the manufacturer’s legal team. Legal professionals have handled product liability cases, and their knowledge could increase your chance of recovering for your injuries.

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