Defective Products

New Jersey Product Liability Lawyers
Defective Product Attorneys in New Jersey

Manufacturers, distributors and retailers are obligated to provide consumers with products that are reasonably safe when used in a reasonable manner.

Product liability claims are usually based on negligence or strict liability.  Strict liability is when the product is shown as defective regardless of the degree of carefulness exercised by the consumer.  There are three types of defects that can cause liability in the manufacturer and supplier.

1. Design Defects
2. Manufacturing Defects
3. Marketing Defects

The manufacturer is subjected to two duties -- to design and manufacture products that are reasonably safe and to warn consumers of any risks they may incur when using the product.

Design defects exist even before the product is made.  They occur when foreseeable risks of harm could have been reduced or eliminated by using another design, and failure to use this alternative design, allows the product to be unsafe.  The product may serve its use well, but due to a design flaw may be dangerous to use.

Manufacturing defects occur during the making of the product - the construction and production phase.  In this case, usually a few products out of the many of the same type are defective because of some error in the manufacturing process.

Manufacturers are also obligated to market their product responsibly.  This means that, although a product may be safe if used for a specific purpose, it could be hazardous if used under different circumstances.  In that case, the product must include clear, visible and concise warnings outlining the danger and its consequence.  The failure to provide a reasonable warning can cause the product to be defective.

The most common claim against a manufacturer is usually referred to as a "strict liability" claim. If you file a strict liability claim against a manufacturer, you may not have to prove that the manufacturer was "negligent" (necessary in most other injury claims) but you may have to establish the following:

1) The product was defective.
2) The defect existed prior to the manufacturer releasing the product.
3) The defect caused your damages.

Besides the manufacturer, the distributor and seller of the product may also be liable.

For a free initial consultation with a New Jersey pool accident attorney at Aiello, Harris, Devero, Marth & Schiffman, call 908-561-5577, or contact us online.

The Right Law Firm Means More Money

Se Habla Español

Serving clients across North and Central Jersey including the cities of Watchung, Bridgewater, and Somerville in Somerset County, Newark and West Orange in Essex County, Elizabeth, Scotch Plains, Springfield, Plainfield, and Cranford in Union County, Clinton and Flemington in Hunterdon County, New Brunswick and Edison in Middlesex County, Hackensack in Bergen County, Patterson in Passaic County, Morristown and Florham park in Morris County, Hoboken and Jersey City in Hudson County, Phillipsburg in Warren County, and Freehold, Colts Neck and Marlboro in Monmouth County.