New Jersey Product Liability Attorneys
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Compensation for Injuries Caused by Defective Products
When we purchase a product, we do not expect our safety to be jeopardized by that product. Nevertheless, faulty products can still find their way into our homes. The injuries a person can sustain from a defective product may cause severe physical pain, emotional suffering, and even financial strain. In a case like this, the injury victim may seek compensation from the product manufacturers or sellers for damages.
At Lependorf & Silverstein, P.C., our New Jersey injury lawyers have the experience and knowledge to build an effective case on your behalf. To find out more about how we can help, please contact us for a free consultation. We have dedicated more than 25 years to protecting the rights of our clients.
Manufacturers have an obligation to sell safe products that are free from defects. As a consumer, you have the right to certain safety standards when you purchase any sort of product. Product liability ensures that all manufacturers, vendors, wholesalers, and distributors sell products to consumers that are safe. Examples of ensuring safety include the use of non-lead paint on children's toys and making sure that products pose no harm to the user when they are properly operated. Liability laws also require that all goods sold display proper warnings when necessary, such as posting choking hazard notices on items with small parts intended for young children, or properly pointing out in writing the intended use of an item.
Product liability causes of action can take a few different forms. A product liability claim can refer to a design defect, in which an item's design is inherently flawed and poses a threat to those who use it. It can also refer to a manufacturing defect in which, despite a well-thought-out design, the product is improperly manufactured, thus creating a potential hazard with the item and its intended use. Product liability can also refer to a marketing defect, in which the warning label doesn’t disclose a hidden danger in the product's use; for example, if it was intended for a certain minimum age of consumer, or poses a specific risk if improperly operated.
If a defect is discovered by the company that produces or manufactures the product, it is that company's responsibility to inform its consumers of the product's defect. The company must do this through either direct correspondence with the consumer or through a governing agency such as the U.S. Consumer Product Safety Commission. If a product poses a potential risk to the consumer after the product's warranty has expired, the company that manufactures the product is still responsible for the risk, provided that risk comes about through normal intended use over an extended period of time. Ultimately, all products must be safe for consumers when those items are properly cared for and properly used.
In extreme cases, a consumer could die as a result of a defective product, such as a fire caused by a defective space heater, or a fall from a defective ladder. The U.S. Consumer Product Safety Commission estimates that over 4,500 Americans die each year because of defective products.
Defects can take many forms. Some are obvious, while others remain hidden. Consumers should be able to trust that the items they buy were constructed and inspected properly, and it is therefore not incumbent upon them to check products for defects before use. If a family member takes medication that causes a deadly reaction, it is reasonable to investigate the actions of the businesses that produced these items. If you lost a loved one because of a product defect, you may have the right to claim the following wrongful death damages in NJ:
- Future lost income
- Funeral expenses
- Medical bills related to the injury
- Repair bills related to the injury
- Loss of companionship and guidance
- Pain and suffering and lost quality of life before death occurred
- Punitive damages in cases of extreme carelessness or intentional wrongdoing
Corporations are required to develop and produce safe products. When defects occur, corporations should have procedures in place to catch and fix them before the product becomes available to the public. When businesses fail to put the consumer first and a life is lost, that loss not only ends one life - it profoundly affects those who loved and depended upon the victim.
Whether it's a packaging error; a potentially harmful manufacturing or design defect; or the inability of the manufacturer to properly warn you of a hazard, Lependorf & Silverstein, P.C. may be able to assist you after product-related death or injury. We are committed to helping our clients get the compensation that they rightfully deserve. Call our law firm at (609) 240-0040 to learn more about your legal options.
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