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Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. In general terms, the law requires that a product meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer.
Under any theory of liability, a plaintiff in a product liability case must prove that the product that caused injury was defective, and that the defect made the product unreasonably dangerous. There are three types of defects that might cause injury and give rise to manufacturer or supplier liability:
In order to bring a claim for a defective product, you must prove that you were injured, and that the injury was as a result of the defective product. You also must prove that you were using the product in the manner it was intended. This does not mean, however, that the way you were using the product when you were injured must conform exactly to the manufacturer's specifications. If a manufacturer could reasonably expect an ordinary consumer to use the product in the way you used it, you have likely met this requirement.
Making sure that your defective product claim includes all of the basic elements required in New Jersey can be tricky. Contact us at Radano and Lide for a FREE consultation with one of our attorneys who will advise as to whether you have a valid claim.
Design Defects - Present in a product from the beginning, even before it is manufactured, in that something in the design of the product is inherently unsafe.
Manufacturing Defects - Those that occur in the course of a product's manufacture or assembly.
Marketing Defects - Flaws in the way a product is marketed, such as improper labeling, insufficient instructions, or inadequate safety warnings.