When you buy an item, you expect it to work as the manufacturer claims it should. If you get hurt while using a product per the manufacturer or distributor’s instructions, you deserve justice.
A product liability claim is intended to hold a manufacturer or distributor accountable for releasing a dangerous product into the market. This civil lawsuit would be appropriate when a defective car part like the braking system fails leading to injury or when a medical device causes an injury or illness. To successfully pursue a product liability claim in New Jersey, you will need to prove the following.
The product was defective
A defective product is one that poses an unreasonable risk to the consumer even when used properly. Thus, there has to be a specific defect in the product in question. This defect can take the form of design, manufacturing or marketing defects. An example of a design defect is a fan that does not have a protective shield. An example of a manufacturing defect is an improperly fixed blade that comes off when the fan is operational, thus, striking and hurting someone. And, an example of a marketing defect is a manufacturer’s failure to warn you of foreseeable risks that come with using a product that may not be obvious.
You used the product as intended
Next, you’ll need to prove that you were using the product just as the manufacturer expected you to at the time of the incident. You cannot claim product liability if you ignored the manufacturer’s directions. Remember, the manufacturer is not responsible for making their product safe for all possible scenarios besides the purpose for which it was intended.
Protecting your rights
Product defects can lead to serious bodily harm. Learning more about New Jersey’s defective product laws can help you safeguard your rights and interests while pursuing damages.