Representing NJ clients injured from using defective products
Consumers have a right to expect that the products they purchase and use are safe. Unfortunately, despite regulations and industry standards meant to ensure safe products, some companies take the easier road to save money. They market items they know, should know, or have real reason to believe are defective and dangerous. As a result, people continue to suffer serious injuries such as burns, eye damage, and fractures from unsafe products and defective medical devices and implants.
Manufacturers are required to make sure their products have been designed, built, and tested and safe for consumer or professional use, prior to making them available to the American public. From design, through manufacturing, packaging, installation, and maintenance, manufacturers and their subcontractors and licensees may be held liable for damages in the event one of their products causes an injury or death while used under reasonable circumstances.
In most cases, you only have two years to file a product liability claim.
If you sustained a serious injury from a defective product at home, while driving or in the workplace, contact Pagliara Law Group.
Our lawyers can help with a wide range of product liability claims such as involving:
- Foreign Objects in Food or Food Poisoning
- Dangerous Drugs and recalled prescription medicines.
- Talcum Powder-Recent scientific evidence has shown a direct link between talcum powder use and ovarian cancer.
- Defective strollers and other infant products
- Automobile defects such as seat belt and air bag failures, gas tank defects, defective brakes, sudden acceleration.
- Aviation parts and equipment
- Medical devices such as defective orthopedic products, surgical devices, and more.
- Power morcellators. Medical devices widely used by gynecologic surgeons and other surgical specialists that have recently been linked to an increased risk for the spread of certain types of cancer.
- Construction site tools and equipment
- Contaminated food products
- Dangerous toys-resulting in injuries from choking, burns, fractured bones, and amputation and suffocation.
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- Baby formula
- Hoverboard Accidents
- Defects in machines and tools-workers suffer injuries from chain saws, table saws, snow blowers, and lawn and garden equipment.
- Heavy machinery
- Dangerous Household -appliances injuries such as electrical shock, serious burns, and injuries from gas line explosions.
- Dangerous household products
- Industrial machines and equipment
- Chemical burns-such as burns and respiratory problems due to exposure to caustic industrial cleaners and processing fluids.
What if you weren’t using the product according to instructions?
The courts have ruled that products must be safe when used responsibly and under reasonable conditions for which the product was intended. For example, it is reasonable to expect a child to play with a toy in any manner that provides fun and enjoyment, whether using the toy specifically according to its intended purpose or according to playing instructions. The same general considerations may apply to consumer products such as tools. If you were injured while using a product for the intended purpose, in a reasonable manner for safe use, you may still have a legitimate claim for damages under New Jersey product liability laws.
What are the Different Types of Product Defects?
Anything you buy or use, from car tires to appliances to children’s toys, can potentially cause injuries if it has product defects. In general, regardless of the product involved, all defects fall into one of three main categories, depending on where the flaw originated. The three main types of product defects are:
Sometimes, a product may be flawed from the start due to a design defect. For example, an improperly designed hip implant may fail even if manufactured exactly to specifications. In cases involving these defects, an entire product or line of products may be deemed dangerous.
These defects result from an error in physical production. When companies neglect product safety standards or fail to perform safety checks, a manufacturing defect often results. For example, a tire company may choose to use substandard materials in their tires because it is cheaper. These materials are often weaker, making tires prone to blowouts.
- Failure to Warn or Incorrect Labeling.
If a manufacturer knows that a product may cause injuries due to its design and function, that company must warn users of the danger. Generally, this rule only applies to products with potential dangers that are not obvious.
What Should I Do If I Was Hurt by a Defective Product?
If a product defect causes you harm, you may be able to recover compensation for the cost of your medical bills, lost income and other damages. If the Food and Drug Administration (FDA) or the manufacturer issued a product recall, you may be able to get compensation without filing a case. However, these settlement offers are usually low. Depending on which types of product defects are to blame, you may be able to file a lawsuit against the product manufacturer or retailer, as well as any contract companies involved, to get fair compensation.
For a successful product liability case, your product liability lawyer must be able to prove that:
- The product is defective. He or she must prove that a defect, whether in manufacturing, design or labeling, actually exists. For this, the best evidence is the dangerous product itself, so do not throw it away or try to repair it.
- The defect caused your injury. Sometimes, even if a product is defective, it may not be the actual cause of your injuries. For example, even if your car has recalled tires, if you cause a crash while texting and driving but the tires did not fail, you cannot blame the tires.
- You used the product as intended. If you are hurt while using a product for something other than its intended purpose, you probably cannot file a product liability claim. Manufacturers are only required to ensure a product is safe for its reasonably expected use.
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