Filing a Product Liability Claim in NJ: What You Should Know

November 13, 2024

If you’ve been injured by a defective product, you may be eligible to seek compensation through a product liability claim. In New Jersey, product liability laws are designed to protect consumers from unsafe products. Whether the defect occurred in design, manufacturing, or labeling, individuals who suffer injuries as a result of these flaws can seek legal action against manufacturers, distributors, and retailers.

Below is a comprehensive guide on what you need to know about filing a product liability claim in New Jersey.

Types of Product Liability Claims

In New Jersey, product liability claims generally fall into three categories:

Design Defects: These are inherent flaws in the product’s design that make it unsafe, even if it was manufactured correctly. A design defect claim could arise, for example, if a vehicle has a tendency to roll over during sharp turns or if a child’s toy presents a choking hazard.
Manufacturing Defects: These occur when a product is designed properly, but something goes wrong during the manufacturing process. In these cases, a defect may affect a single item or a batch of products. Common examples include a car tire with a weak spot that leads to a blowout or a batch of electronics that are prone to overheating due to faulty wiring.
Failure to Warn (Labeling Defects): Manufacturers are required to provide adequate instructions and warnings about the product’s proper use, including potential risks. If a product does not come with appropriate warnings or instructions, and that leads to injury, a claim for failure to warn may arise. Examples include medications that don’t disclose potential side effects or power tools without warnings about the risks of improper use.

Key Elements of a Product Liability Claim

For a successful product liability claim in New Jersey, you must prove the following elements:

The product was defective: Whether it was due to a design flaw, manufacturing error, or failure to warn, the product must have been defective in some way that led to your injury.

The defect caused your injury: It’s not enough to show that the product was defective. You must also demonstrate that the defect contributed to your injury or made the product unreasonably dangerous for its intended use.
You used the product as intended: If you were using the product in an unreasonable or unintended manner, the manufacturer may not be held liable for your injury. It’s important to show that you were using the product in a way that was intended or reasonably foreseeable by the manufacturer.

New Jersey’s Strict Liability Standard

New Jersey operates under a strict liability standard for product liability claims. This means that you do not need to prove that the manufacturer or seller was negligent in order to hold them responsible. Instead, you only need to show that the product was defective and that it caused your injury.

Strict liability makes it easier for injured consumers to seek compensation, as the focus is on the product’s safety rather than the actions of the manufacturer. However, manufacturers and sellers can still defend themselves by arguing that the product was not defective or that the injury was caused by improper use.

Who Can Be Held Liable?

In a product liability claim, several parties in the product’s supply chain may be held responsible, including:

Manufacturers: The company that designed or manufactured the defective product is often the primary party responsible for an injury.
Retailers: If a store sold the defective product, they could also be held liable, even if they were unaware of the defect.
Distributors: Companies involved in the distribution process can also be held accountable if they played a role in the product reaching consumers.

One of the key benefits of a product liability claim is that injured consumers can hold multiple parties responsible, which increases the chances of securing compensation.

Statute of Limitations in New Jersey

Like other types of personal injury claims, product liability claims in New Jersey are subject to a statute of limitations. This means you have a limited window of time to file your lawsuit.

In New Jersey, you typically have two years from the date of injury to file a product liability claim. Failing to file within this timeframe may result in your case being dismissed, and you will lose the right to pursue compensation.

It’s important to act quickly and consult with an attorney to ensure your claim is filed within the appropriate time period.

Potential Compensation in Product Liability Claims

Victims of defective products may be entitled to various types of compensation, including:

Medical Expenses: You can recover the costs of medical treatment related to your injury, including hospital stays, surgeries, medications, and rehabilitation.
Lost Wages: If your injury causes you to miss work, you may be entitled to compensation for lost wages. This can also include future earning capacity if your injury prevents you from returning to your previous line of work.
Pain and Suffering: In addition to economic losses, you may be eligible for compensation for physical pain, emotional distress, and loss of enjoyment of life due to the injury.
Punitive Damages: In cases where the manufacturer’s actions were particularly egregious, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.

Defenses in Product Liability Cases

Manufacturers and sellers often raise defenses to avoid liability. Some common defenses include:

Product Misuse: If the injured party was using the product in a way that was not intended or was clearly unreasonable, the defendant may argue that the misuse caused the injury, not the defect.
Alteration of the Product: If the product was altered after it left the manufacturer’s control, the defendant may claim that the alteration, rather than a defect, led to the injury.
Assumption of Risk: In some cases, the manufacturer may argue that the injured party knew about the product’s risks and voluntarily assumed those risks when using the product.

Why You Need a New Jersey Product Liability Attorney

Product liability claims often involve intricate legal considerations, and navigating the process without professional help can put your case at risk. An experienced New Jersey product liability attorney can:

Investigate the defect: Your attorney will conduct a thorough investigation to gather evidence, identify liable parties, and build a strong case on your behalf.
Work with experts: Product liability claims often require testimony from engineering and safety experts who can analyze the product and explain its defects in court.
Negotiate with insurance companies: Your lawyer will handle negotiations with insurance companies to help you pursue compensation.

Protect Your Rights After a Product Injury in New Jersey

Filing a product liability claim in New Jersey can be a complex process, but with the right legal guidance, you can pursue the compensation you need for your injuries. Whether your claim involves a design defect, manufacturing error, or inadequate warnings, having an experienced legal team on your side is critical. By working with Bramnick Law, you can take confident steps toward holding negligent parties accountable. Contact us today to learn more about your rights and how we can help you move forward with your claim.

Schedule a Free Consultation with New Jersey Product Liability Attorneys at Bramnick Law

If you’ve been injured by a defective product in New Jersey, it is important to seek legal guidance promptly. At Bramnick Law, our experienced personal injury attorneys are here to help you navigate the complexities of product liability claims. With offices across Scotch Plains, Newark, and Cherry Hill, we proudly serve clients throughout New Jersey. We are dedicated to helping you pursue fair compensation. Contact Bramnick Law today for a free consultation and we are ready to assist you through the legal process. Call now or fill out our online contact form to schedule your appointment.

Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.