Consumers who purchase a commodity expect the product to be safe for use or consumption. Unfortunately, there are lots of defective products on the market today. From defective tires to broken furniture to faulty smartphone batteries, the list is nearly endless. Using a faulty product can result in property destruction, physical injury, or in the worst-case scenario, even death.
If you or a loved one was injured by a defective or faulty product, you may be eligible to hold the manufacturer or seller responsible through a product liability claim. At Maran & Maran PC, I'm poised and ready to assist, guide, and represent clients in their product liability cases. I can review and investigate all the surrounding facts of your case and enlighten you about your available legal options to recover damages. As a trusted New Jersey personal injury attorney, I will fight compassionately to protect your rights and help you pursue the maximum possible compensation for your injuries and losses.
My firm-Maran & Maran PC-is proud to represent clients in Newark and surrounding communities throughout Northern New Jersey, including Passaic County, Warren County, Sussex County, Somerset County, Essex County, and Bergen County.
Under New Jersey law, manufacturers and sellers have a duty to make sure that their products are safe for consumers and won't cause any harm. In the event of an injury from the usage or consumption of the defective product, the injured party may be eligible to recover damages by holding the manufacturer or seller liable.
According to New Jersey law, "a manufacturer or seller of a product shall be liable in a product liability action only if the claimant proves by a preponderance of the evidence that the product causing the harm was not reasonably fit, suitable or safe for its intended purpose because:
- It deviated from the design specifications, formulae, or performance standards of the manufacturer, or
- It failed to contain adequate warnings or instructions, or
- It was designed in a defective manner."
An experienced attorney can help you understand various types of product defects in New Jersey and determine whether you have a product liability case.
In a New Jersey product liability case, the claimant may affirm any of these types of product defects:
A design defect occurs when there is a defect or fault in the product's design, making it unsafe for the consumer. A defectively designed product could possibly expose the user to harm or danger.
A manufacturing defect occurs when there is a fault in the product's production or manufacturing process, which may possibly harm the user. A defectively manufactured product may be unsafe for the consumer and could cause harm or injury.
Marketing Defects (Failure to Provide Adequate Warnings)
A marketing defect occurs when a product does not have adequate safety instructions, necessary warnings, or labeling regarding the proper usage of the item. Failure-to-warn claims may be based on insufficient instructions, improper labeling, or inadequate safety warnings.
When seeking compensation for your injuries, it is vital that you understand how each product defect affects your case. An experienced personal injury attorney can review all of the facts of your unique situation, help establish liability, and walk you through every phase of the process.
To establish a product liability claim in New Jersey, the claimant must show that:
- The defendant manufactured, designed, or sold a faulty or defective product.
- The product defects were present when the item left the defendant's possession.
- The claimant used or consumed the product in a reasonably foreseeable manner.
- The claimant suffered actual harm, bodily injury, or loss due to the product's defect.
A skilled New Jersey product liability attorney can help prove fault, establish liability, and determine the best way to file your claim.
In order to seek fair compensation, the product liability victim can proceed by:
- Filing a first-party claim with their insurance carrier
- Filing a third-party claim against the insurer of the at-fault party (designer, manufacturer, or seller)
- Filing a personal injury lawsuit against the at-fault party in civil court
The statute of limitation for personal injury cases in New Jersey, including product liability claims, is two years from the date of the incident. This means that you will have up to 2 years from the date of your injury to commence a product liability action against the product designer, manufacturer, or seller.
The following damages may be recovered by filing a product liability claim in New Jersey:
- Medical expenses, including the cost of future medical treatment
- Lost income and benefits
- Property damages
- Emotional distress
- Lost earning capacity
- Loss of consortium
- Loss of enjoyment of life
- Pain, discomfort, and suffering
- Punitive damages
A skilled product liability lawyer can help file your claim and attempt to pursue the maximum available compensation for your injuries, damages, or losses.
Under New Jersey law, consumers who are injured by a defective or unsafe product may be eligible to hold the manufacturer or seller liable through a product liability claim or lawsuit. However, filing a product liability claim in New Jersey often involves several complexities. Hiring a personal injury attorney is important to help you find a path forward during this difficult time.
With more than 30 years of extensive experience, I have devoted my career to representing clients in their product liability claims. Using my in-depth knowledge of New Jersey product liability laws, I can guide you through the often-frustrating claims process. I will fight vigorously to advocate for your legal rights and help you pursue the financial justice you deserve.
If you or someone close to you was hurt by a faulty, defective, or unsafe product, you may pursue fair compensation. Contact my firm-Maran & Maran PC- to schedule a simple case assessment. My firm proudly serves clients in Newark and throughout New Jersey, including Passaic County, Warren County, Sussex County, Essex County, Bergen County, and the rest of Northern New Jersey.