When you purchase a product, you expect it to function as intended. However, if the product malfunctions despite proper use, you may wonder whether you have legal recourse. Please continue reading to learn the key elements of a product liability claim in New Jersey and how our experienced Essex County Product Liability Attorneys can help you fight for the compensation you deserve.
What Makes a Product “Defective” Under New Jersey Law?
First and foremost, it is crucial to understand what exactly makes a product defective under New Jersey law. Product liability claims typically fall into three categories:
- Design Defects: The product’s inherent design has rendered it unsafe, even if manufactured correctly.
- Manufacturing Defects: The design is proper, but an error occurs during manufacturing, affecting a single item or batch.
- Failure to Warn: The manufacturer failed to provide adequate instructions or warnings about potential risks, leading to injury.
Who is Liable?
Liability in a defective product case can extend to various parties in the chain of distribution. Under New Jersey’s Product Liability Act, these parties can be held accountable for injuries caused by design defects, manufacturing mistakes, or warning failures, regardless of whether they were negligent.
The primary targets in a product liability case are the manufacturers and the designer. These parties are responsible for ensuring products are reasonably safe for intended and foreseeable uses. This includes major organizations, smaller speciality manufacutrer, and foreign companies selling into the Garden State.
It should be noted that strict liability extends to wholesalers, distributors, and retailers who sold the product. While the manufacturer may be the primary culprit, naming multiple defendants can improve the chances of recovering compensation for your losses.
Furthermore, a third party that altered, improperly installed, or misused the product can also be held liable. A qualified Essex County product liability attorney can help investigate the product’s design, build, distribution, and use to identify all responsible parties.
What is the Statute of Limitations?
A strict statute of limitations governs product liability claims in New Jersey, similar to other personal injury cases, imposing a deadline for pursuing legal action.
Generally, you are afforded a two-year timeframe from the date of the injury to initiate a product liability claim. Failure to do so can result in the dismissal of your case, meaning you relinquish your right to seek financial compensation for your damages. That said, prompt action and consultation with an attorney at the Law Offices of Christopher T. Howell, Esq. is essential to ensure your claim is filed before the statutory period expires.
If you were injured by a product that failed unexpectdly, it is in your best interest to reach out to our firm. Connect with us today to schedule a consultation.
