Dedicated Lawyers Handle Product Liability Matters in New Jersey
Attorneys serve injured clients in Jersey City and throughout northeast NJ
According to the National Safety Council, almost 11 million Americans were treated in hospital emergency rooms for injuries related to consumer products in 2020. Many of these injuries could be traced to defects in design, manufacture and labeling. Deadly products that have made headlines include Takata automobile airbags that deployed explosively, Johnson & Johnson’s talcum powder that contained asbestos residue and Inferior Vena Cava (IVC) filters that caused blood clots. At Miller, Meyerson & Corbo in Jersey City, we believe that individuals who purchase a consumer product have the right to expect that it is safe and to obtain compensation when it is not. If you’ve been hurt because something did not work as it should, we’re ready to fight for the payment you deserve.
What is product liability?
Product liability is the area of the law created to compensate plaintiffs for injuries stemming from dangerous defects in the products they use. Consumers who can prove their injury was due to a product flaw can receive damages for their medical bills, lost income and pain and suffering. In New Jersey, product liability cases are brought under the state’s Product Liability Act (PLA). Depending on the circumstances, plaintiffs might also be able to seek relief under the state’s Consumer Fraud Act.
What are the three main types of product liability cases?
Product liability cases fall into three main categories, that describe the type of defect in question:
- Design defect — In these cases, the defect existed in the planning. For example, a chair designed for an elegant appearance might have supports that are too thin and frail to hold the weight of a larger adult. In time, the supports would give out, causing injury to a user.
- Manufacturing defect — In this category, the plans are fine, but a defect is introduced in the manufacturing phase, usually due to substandard materials or sloppy processes. With the chair example, the design could have specifications to support up to 400 pounds, but the manufacturer used a weak metal alloy, which reduced the strength of the chair by half.
- Marketing defect — Also known as a “failure to warn,” a marketing defect typically refers to the labeling of the product. Manufacturers are required to warn against dangers of foreseeable uses and misuses of the product. An example is the warnings on drugs about side effects and interactions with other medications. If a drug induced drowsiness, but the label did not alert the consumer, the label would be considered defective. The company could be held liable for an accident that happened because a user became sleepy.
Some cases require extensive product testing to determine whether a defect exists. In other situations, we can invoke the legal principle of res ipsa loquitur, which means that a problem is so obvious, it could not have occurred unless there was negligence.
Strict liability for defective product injuries
In most product liability cases, the plaintiff does not have to prove the defendant was negligent. Instead, the plaintiff must show:
- A defect in design manufacture or marketing of the product existed at the time of sale
- The defect made the product unreasonably unsafe
- The product injured the plaintiff because of the defect
Once liability is established in a personal injury case, we demonstrate the full extent of the harm you have suffered so that you can recover the full amount of compensation you deserve.
Consult our trusted Jersey City product liability attorneys for a free consultation
Miller, Meyerson & Corbo in Jersey City represents clients injured by defective products in Hudson County and throughout New Jersey. Our office is conveniently located at 35 Journal Square Plaza in Jersey City. To schedule a free consultation, call 201-333-9000 or contact us online today. We handle all injury cases on a contingency basis.