Defective Products

You may have a defective product lawsuit in New Jersey if you were injured or sustained property damage as the result of a product that either malfunctioned or wasn’t properly identified as hazardous, such as the case with many e-cigarette injury claims. Manufacturer defect lawsuit cases are often hard to prove, so you need the best consumer product attorney in the state, which you’ll find at RAM Law. Call an experienced defective product lawyer in NJ at RAM Law as soon as possible following your accident.

What Are Common Defective Product Injuries?

Defective products harm or kill thousands of people every year. A wide range of injuries can happen when you experience a malfunctioning defective product. Manufacturers are expected to verify that their products are safe before the public uses them. Faulty products are those that don’t function properly or lack adequate safeguards.

If a faulty product injures you, you may be eligible for compensation. Speak to a consumer product attorney as soon as you realize you’ve been injured. Some of the most prevalent injuries caused by defective products include:

• Organ damage. Despite their intended benefits, prescription medications can harm organs such as the kidneys, liver, brain and heart. Long-term negative effects may not be clearly indicated on the label. The same is true of other ingredients that are digested. Advances in medicine frequently promise to prevent illnesses, but instead result in drug recalls and personal injury. Recently, e-cigarette manufacturer defect lawsuits have risen sharply.
• Head injuries. Even with well-constructed helmets, motorcycles, bikes and scooters with defective parts pose a substantial danger of head injuries, which can result in cognitive, speech and emotional disorders that may necessitate long-term therapy. Defective helmets also may be culprits in traumatic brain injuries.
• Toys with easily breakable or dysfunctional pieces can cause choking dangers for children, potentially leading to death if not treated immediately. Toys for young children that aren’t clearly labeled also pose a substantial risk of injury.
• Burn injuries. Faulty wiring in domestic equipment such as toasters and curling irons raises the danger of fires, serious burns and other issues. Exploding e-cigs also lead to burns and other injuries.
• Broken bones. Unexpected product breaks can cause broken bones, leading to pain, extended recovery time and surgery if multiple bones are broken.

When you’ve been injured as the result of a poorly designed product, a defective machine or prescription medicine, you need to notify a defective product lawyer in NJ as soon as possible. In New Jersey, the best personal injury attorneys are at RAM Law. The sooner you contact them, the better chance they have of building a strong case in your favor.

What Are Some Types of Defective Consumer Product Claims?

Product liability law empowers you to hold manufacturers legally accountable for the harm caused by their defective products when you use them as they were intended. The most prevalent defects in consumer products include:

• Defective designs. Defective designs are flaws or errors in a product that render it unsafe for its intended purpose, even before it’s manufactured. Unstable cars, small toys and defective wiring in electronic gadgets are all examples of situations that might result in accidents, injuries or fatalities.
• Manufacturing defects. Manufacturing defects occur during the production process when a product is made differently from its intended design, often due to errors in materials, poor assembly protocols or quality control procedures. These defects typically affect a limited number of products within a specific batch or production run.
• Inadequate warnings and instructions. Manufacturers frequently fail to give comprehensive information on safe product usage, including potential risks, precautions and assembly, as well as sufficient operation and maintenance instructions. This is a common claim against manufacturers of household chemicals and over-the-counter drugs.
• Chemically harmful products. In 1986, California passed Proposition 65, which forced companies to warn consumers about significant chemical exposure from products or waste placed in the environment that may cause birth defects, cancer or other physical harm. While this law only applies to California, these warnings may appear on products in other states, including New Jersey.

In a manufacturer defect lawsuit for a defective product, you must prove there is a defect, such as in the design, production problems or warning shortcomings. To lay the groundwork for the case and establish the legal position, evidence must be examined and presented. Your attorney provides guidance and investigative research to prove these claims that may include proof that:

• The product contains a poor design, manufacturing flaw or inadequate warnings regarding potential hazards
• The defect caused direct injury, harm or damage to you, which might range from physical injuries to property damage.
• You used the product as intended or in a reasonable manner, as incorrect or careless use may jeopardize the case
• The manufacturer or distributor is responsible for the negligence and therefore liable for your injuries
• There’s a direct link between the product fault and the injury, which usually requires that your personal injury lawyer finds experts to testify that there was a flaw
• Damages were caused by the defect, and may include medical bills, lost wages, pain and suffering, and any other applicable economic or non-economic losses

Who’s Liable in a Defective Product Lawsuit?

When a defective product causes an injury, determining who is liable for the harm caused by a defective can be more difficult than you may expect. In New Jersey, the comparative negligence rule says that if you were even partly responsible for the injury, by not following the instructions for example, the amount of compensation you can collect is reduced. And if it was more than 50 percent your fault, you may not be able to collect anything.

If you used the product as intended, the range of who’s accountable for your injuries and damages varies, depending on the product and the malfunction, but may include:

• Designers
• Engineers
• Parts manufacturers
• Wholesalers
• Distributors
• Advertisers or marketing agencies
• Product testing laboratories

When you meet with your product liability lawyer, the first order of business is to determine the feasibility of your case. This review is based on several important aspects specific to your circumstances, which your products liability attorney assumes by taking certain steps that may include:

• Gathering evidence. Your consumer product attorney reviews the evidence to determine whether the product in question caused your injuries or posed a risk. Save anything that’s left of the defective product and take pictures or videos of the scene where the accident happened as well as of your injuries and property damage.
• Identifying liability. Relevant parties that may be identified in your case are determined by product liability experts, instructions from the actual product and delving into previous cases that may have been brought against the manufacturer. They’ll be investigated for any potential violations of consumer protection legislation. Additionally, your compliance, or lack thereof, is assessed since it may influence the final liability assessment.
• Delivering medical records. The type and severity of your injuries factors greatly into the settlement process. Your lawyer evaluates the effects of these injuries on your life and health and presents these to the defendants, as well as determining the costs of the injuries, such as medical bills and lost wages.
• Investigating the accident. Seek medical attention immediately following a defective product accident and call the necessary authorities, such as the police, to make a report. Your attorney also may send out investigators to the scene to reconstruct the event as well as possible. If the product contains dangerous substances or parts, your case would be greatly strengthened.
• Assessing the inherent product risk of injury. Expert testimony and product evaluation goes into the final product liability assessment. This primarily affects cases based on the fact that a manufacturer should have known the risks and advised consumers of the possibility of harm or injury.

Once the groundwork is created, your consumer product attorney files a manufacturer defect lawsuit against the manufacturer, though other entities involved may also be liable. Following the filing of your lawsuit, your defective product attorney attempts to settle with the libelous parties. If a settlement can’t be reached, they will represent your rights in court, presenting your case to a judge, and possibly a jury, to decide the liability.

The statute of limitations for product liability claims in New Jersey is normally two years. This time frame means you have two years from the date of your accident to file a lawsuit. If you don’t file your claim within two years, you may lose your right to sue permanently. The sooner you draw attention to your claim, the better.

How Can a Consumer Product Attorney Fight for My Rights in New Jersey?

After being injured by a defective product, the best line of action is to contact a reputable consumer product attorney with considerable knowledge in representing consumers as soon as possible after your accident. Your defective product lawyers in NJ have dedicated their lives to fighting for the rights of persons injured by harmful consumer items in New Jersey.

They understand your problems and fight diligently for justice on your behalf. If you believe a defective gadget or harmful product caused your injury, contact RAM Law, New Jersey product liability attorneys, right away. They swiftly analyze your case and discuss all your legal alternatives for claiming compensation.

In addition to cases involving defective product claims, the personal injury attorneys at RAM Law successfully represent clients for the full gamut of potential personal injury claims in New Jersey, the most common being:

• Car accidents due to speeding, rear-end accidents and uninsured motorists
• Accidents with rideshare companies like Uber and Lyft
• Boating accidents
• Construction accidents, including crane accidents, industrial accidents and scaffold accidents
• Truck accidents
• Slip and fall accidents
• Private and public swimming pool accidents

Complex Injuries from Defective Products Require Representation – Contact Our Injury Lawyers at Rebenack, Aronow & Mascolo, L.L.P. Today

Accidents from defective products can result in catastrophic injuries, staggering medical expenses, and life-altering disabilities or death. You need an experienced injury lawyer with exceptional experience. Call Rebenack, Aronow & Mascolo, L.L.P. today at 732-247-3600 or contact us online to schedule a free consultation. Located in New Brunswick, Somerville, and Freehold, New Jersey, we serve clients in Middlesex County, Monmouth County, and Somerset County.

Sources:

https://www.njlawyers.com/product-liability/

https://www.findlaw.com/injury/product-liability/dangerous-consumer-products.html

https://www.louriechance.com/what-to-do-if-hurt-by-a-defective-product

https://aielloharris.com/practice-areas/personal-injury-law/product-liability/