The products that are sold both online and in brick-and-mortar stores to New Jersey residents should work as advertised and be reasonably safe to use for that same advertised purpose. Unfortunately, not every product made by American manufacturers meets those simple requirements—and as you may have recently learned, some of those products become extremely dangerous and even deadly because of their “defects.”
Taking legal action over a personal injury caused by a dangerous product works very differently from suing over an injury under most other circumstances, so you should strongly consider getting help with your claim from a Piscataway defective products lawyer. The personal injury attorneys at Fredson Statmore Bitterman, LLC place an emphasis on being accessible to their clients and using big-firm resources to provide small-firm personalized attention, and working closely with one could dramatically improve your chances of getting the civil restitution you need.
When Is a Product “Defective” Enough to Justify a Lawsuit?
Technically, it is possible to file suit over a defective product injury based on traditional negligence, but it is usually much easier to build this sort of claim around a theory of “strict liability.” As a Piscataway defective products attorney can explain, manufacturing companies are strictly liable for injuries caused by one of three specific types of “defects,” which they should have done more to prevent one of their products from having.
The first type of legally actionable defect is a “design defect,” meaning a fundamental problem with how a product is conceptualized that makes every unit ever produced dangerous in the same way. Second, a product can have a “manufacturing defect,” which arises from an otherwise safely designed product being assembled or produced incorrectly. Third and finally, a product may have what is called a “marketing defect,” which essentially means the manufacturer did not provide sufficient warnings to customers about how to use the product safely.
Other Requirements for Product Liability Claims
In addition to proving that one of the three legally actionable defects mentioned above exists, a person trying to file suit under product liability law in New Jersey must prove that the product at the center of their claim was defective in the specified way when it left its manufacturer’s direct control. Furthermore, they must show that the product’s condition did not meaningfully change between when it left its maker’s control and when they—the consumer—took possession of it.
After that, they will need to establish that the injuries and losses for which they are seeking compensation stemmed directly from the defect in question and that they were not “pre-existing conditions” or otherwise caused by something else. Last but not least, they must show that they were using the product appropriately and for its intended purpose—or otherwise in a reasonably foreseeable way—to have grounds to file suit. A product liability lawyer in Piscataway can provide crucial help with understanding these requirements and efficiently building a civil claim with them all in mind.
Contact a Piscataway Defective Products Attorney Today
Defective consumer products cause thousands of injuries to unsuspecting Americans every year, many of which have life-changing or even life-threatening repercussions. While money alone cannot always erase every form of harm that such an injury causes, it can do a lot to mitigate the long-term damage that a manufacturer’s misconduct can lead to for you and your family.
A capable and compassionate Piscataway defective products lawyer can help you enforce your rights under product liability law. Call Fredson Statmore Bitterman, LLC today to schedule your free consultation.
