Taking a Look at Product Liability Law in New Jersey
Posted May 1st, 2019 by Anthony Carbone, PC.
Categories: Personal Injury.
It seems like each year, there are more and more defective products being recalled in New Jersey and around the United States. When you or someone you love is injured by a faulty product, you are going to need an advocate on your side that will help get you justice for what happened.
Whether it’s an automobile recall, a dangerous child product, or a malfunctioning medical device, you should know the basics surrounding product liability law in New Jersey.
Defining Product Liability
The state’s law about product liability holds product manufacturers and sellers responsible for placing a defective product into another’s possession. The responsible party could be anyone who distributed or sold the products:
- The manufacturer of the product
- The manufacturer of the product’s parts
- The part responsible for the product’s assembly
- The wholesaler
- The store that sold the product
The faulty product, whatever it may be, must have been sold in the marketplace. For example, if you bought something from a yard sale and it malfunctioned when you used it, the person who sold it to you cannot be held responsible for your injuries.
Different Types of Defective Products
Product liability isn’t a one-size-fits-all type of thing. There are typically three types of defects that could cause someone harm and lead to a claim against the manufacturer or supplier – manufacturing defects, design defects, and marketing defects. Manufacturing defects occur when a product was made unsafe during the production or assembly phase due to an unplanned error from the intended product design.
For a design defect to happen, it must have happened before the product was manufactured. If the product posed a probable risk of harm and there was a different design that could have reduced or avoided that risk, the company responsible for the design can be held liable in case of injury. Then there are marketing defects, in which companies can be held liable if they fail to provide correct instructions for proper and safe use of the product. Companies can also be held liable if they fail to provide specific warnings about the product’s danger (i.e. – “keep away from small children”).
Contact the Law Offices of Anthony Carbone
If you or a loved one has suffered an injury because of a defective product in New Jersey, you may be entitled to compensation for your losses. At the Law Offices of Anthony Carbone, we combine experience with an ability to tirelessly fight for our clients. Contact our Jersey City office today for a free consultation.
CALL NOW 201-829-3805
