When you purchase a product, not openly do you expect it to perform as intended, but you never imagine it will harm you or someone you love. However, for various reasons, products sometimes fail and cause serious injury. If a defective product recently hurt you or a loved one, consult our New Jersey defective product injury attorneys at Petro Cohen.
What Do You Need to Prove in a Defective Product Case?
In New Jersey, injuries caused by a defective product are governed by a specific statute known as the Products Liability Act. Under the Act, a product manufacturer or seller may be liable for injuries caused by a defective product if the product was not reasonably fit, suitable, or safe because the product:
· Deviated from the design specifications, formula, or performance standards of the manufacturer, or
· Failed to contain adequate warnings or instructions, or
· Was designed in a defective manner.
Manufacturers and sellers may be liable to an end-user who is injured by a defective product and in some instances may be strictly liable for violating the Act.
What Does “Defective Product” Mean?
A defective product causes injury to a person due to a defect in the product itself, the way it is used, or its labeling and instructions. Every state has laws to address defective products and product liability claims.
Suppose a product is more dangerous than it should be, or the labeling or packaging fails to warn of its inherent dangers adequately. In that case, the manufacturer, retailer, or designer can be liable for any injuries it causes.
There are three types of product defects:
Manufacturing defects: If a product comes out of the manufacturing process incorrectly, it could have a defect. In other words, if a product is damaged, broken, or inadequately assembled in the manufacturing process and causes injury to the user, there may be a viable manufacturing defect claim.
Design defects: A design defect is, as it sounds, a defect or flaw in the product’s design. If the design of the product itself is unsafe, it can pose a danger to its user regardless of whether it is manufactured correctly.
Inadequate warning or failure to warn: The third type of defect involves the failure to warn of the dangers of a product or providing an inadequate warning. Even if the product is designed flawlessly and manufactured correctly, if it is used in an incorrect or unsafe manner because of the lack of or inadequate warnings, then it can still injure the user. Products and their packaging must be labeled to warn us of the inherent risks and dangers of using them.
Remember that each of the three kinds of product liability claims will require you to prove slightly different elements to prevail. An experienced New Jersey defective product injury lawyer can help you determine what you need to prove your claim.
Examples of Defective Products
There are numerous examples of defective product claims that will vary according to the type of defect. Examples include:
· Products intended for children (e.g., toys) that contain choking hazards;
· Unstable structures such as chairs or tables;
· Mechanical defects in motor vehicles;
· Improperly installed electrical components;
· Failure to warn of electrocution or burn risk; and
· Improper warning labels.
It is important to remember that if you misuse a product or use it outside of how it is intended, your claim will likely be unsuccessful.
Who Can Be Held Liable?
Several parties can be held accountable in a defective product injury lawsuit. The potentially liable parties will vary depending on the case and its circumstances. Some potentially responsible parties in a product liability claim include manufacturers, retailers, distributors, and wholesalers.
Manufacturers One of the most likely parties on the hook in a product liability case is the manufacturer. However, having a successful claim against the manufacturer is more challenging than it sounds. In 2023, it is commonplace for products to contain parts manufactured by several manufacturers. For example, a home appliance such as an air fryer can include components from several companies. Proving which part and which manufacturer is responsible can be challenging. In some cases, the individual part manufacturer might be liable and the product manufacturer as a whole.
Wholesalers and Distributors
After a product is made, the manufacturer often sends it to a middleman, such as a wholesaler or a distributor, for packaging, shipping, and distribution. If an error occurs when it is in their possession, they can be on the hook in a lawsuit.
Retailers
The retailer or store you purchased the product from might also be responsible for errors, defects, or mistakes that occur while the product is in their possession and control.
It is also possible for more than one party to be responsible for the injury or damage. Contact an experienced attorney at Petro Cohen to speak about your case today!
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