Experienced New Jersey Product Liability Lawyers
A defective product can be extremely dangerous. It can cause an array of injuries, from extremely minor cuts and bruises to life-changing, long-term problems and disabilities. Products liability is an area of the law that addresses virtually any damage caused by a defective product.
Defective product cases can involve many defendants in the stream of production, including:
- Or any other person involved in putting the product into the stream of commerce
Types of Product Liability Claims
Products liability covers a wide range of personal injuries. Generally speaking, if an injury was somehow caused by or affected by a product, then chances are New Jersey product liability lawyers will be involved.
There are several types of product liability claims:
Defectively manufactured products – This is the most common products liability claim. In this type of claim, something went wrong in the manufacturing process that caused a flaw in a particular product.
That means your individual product is slightly (or significantly) different than the hundreds, thousands, or millions of other products that the company produced.
Defectively designed products – In a design defect case, a New Jersey products liability attorney will argue that the product was not designed well, and prove that the design ultimately caused your injury.
These cases can be difficult because you may need to show that the product could have been designed in a different way, which would have prevented injury.
You will also need to show that the product was inherently dangerous or defective just by virtue of its design.
Failure to provide adequate warnings – Another type of product liability claim is based on what warnings the manufacturer provides to the consumer. A classic example is the large warning that is placed on hair dryers that warns consumers not use the hair dryer while in the bathtub. This can also include failure to provide adequate instructions.
Essentially, if there is a potentially dangerous aspect of the product, then there should be a warning about it. This may also extend to foreseeable misuses of the product.
Each of these types of claims have a slightly different approach and legal theory. Sometimes it can be difficult to decide which one to use. That is one of the many reasons that a trained products liability attorney is so important.
These cases can be extremely technical and difficult, but the experienced lawyers at Schibell & Mennie, LLC are always up to the challenge.
We have following locations to serve you throughout New Jersey:
Basic Criteria for a Typical Product Liability Claim
Although every case is different, you need to prove some of the same things in each claim. These usually include:
- You have suffered significant injuries: Every products liability case, just like a personal injury case, requires that you have suffered some type of damage or injury. Without these damages, there would be nothing to recover.
- The injuries are directly related to a certain product: This is often referred to as “causation.” You must show that the product ultimately caused your injuries, and there was not some other, unrelated factor.
- The model that you used was not formally recalled and there have been no warnings issued by the company or the government: This is often a defense tactic that a manufacturer or designer will use. They argue that if there was a statement or a recall, you should have known about it and acted accordingly.
- The product was not modified or damaged between the time you purchased it and the time you were injured: If the product was modified or damaged, they may also use this as a defense as well. It is important that it be in virtually the same condition as when it left their facility.
Call a New Jersey Product Liability Lawyer about Your Case
Product liability cases are challenging. The lawyers at Schibell & Mennie, LLC routinely take on major corporations and multinational manufacturers. If you or a loved one has been injured by a product, you may be able to collect compensation. Call 732-774-1000 for more information or to set up a free case evaluation.
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If you need to consult a New Jersey attorney, you need to contact Schibell & Mennie, LLC. The initial consultation is always free.
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