Monmouth County Product Liability Lawyers
Product Liability Attorneys in New Jersey
The manufacturers, designers, and sellers of products have an obligation to sell a product that is reasonably fit, suitable or safe for its intended purpose. A product that does not meet this standard is defective. Products may be defective for a number of reasons, including a design defect, a manufacturer’s defect, and a failure to warn of a danger. It is important to consider legal action if you or a loved one is injured by a product. Shebell & Shebell is an experienced law firm ready to fight for your rights and future. If a product you bought has injured you and you believe it was caused by negligence, contact our firm.
Products may be defective because the designer did not account for safety during the design and testing phase. This is called a design defect case. To succeed in such a case, an injured person must prove the existence of a feasible, safer alternative design that does not impair the use of the product.
Products may be defective because they do not meet the manufacturer’s design specifications or were not made of the same quality as other products that came off the same assembly line. A manufacturer defect case involves a product that did not follow the explicit directions of the designer and caused a customer harm.
Failure to warn
Products may also be defective because of a failure to warn people of dangers in the use of the product. Some products have dangerous characteristics. In those cases, the manufacturer or seller must provide adequate, easily understandable warnings and instructions about how to best avoid the danger.
Product liability laws in New Jersey
New Jersey’s product liability laws protect people injured by defective products by making the manufacturer or seller strictly liable for personal injuries. The law presumes that the manufacturer or seller had knowledge of the defect at the time of sale. However, the injured person must prove that the defect existed when the product was in the hands of the seller.
Assessing your NJ product liability case
When we first consider taking on a product defect case, we ask ourselves some basic and fundamental questions when we examine whether or not to undertake a products liability case.
- Would a Failure Mode Effects Analysis (FMEA) performed by a company’s safety and design engineers have led the manufacturer to a safer design?
- Did the manufacturer consider a safety engineering hierarchy: (1) Eliminate the hazard, if possible; (2) guard against the hazard, if the hazard cannot be eliminated, and; (3) if guards are not possible without impairing the use of the product, then the manufacturer must adequately warn about the dangers.
- If the manufacturer provided a guard, was it effective, or could an employer or user easily remove or modify?
Working with a range of experts to prove your case
New Jersey law generally requires expert testimony, if the type of engineering analysis needed to prove a defect is beyond the understanding of the ordinary juror. In most cases, an expert witness must state a conclusion about the defect before a jury can even hear the case.
Before we take a case, we will collaborate with our network of engineers to assess the defectiveness of a product. Most importantly, we always want to understand why the product is defective. In the event we obtain expert conclusions that a product is dangerous and defective, we will file a lawsuit with the intention that the case will eventually be tried in front of a jury. Often, manufacturers refuse to settle product liability cases. If they do, it is under confidential terms.
Examples of defective products
Cars and machines break and malfunction. Defective drugs cause unthinkable harm. Chemicals burn and poison victims, causing devastating injuries and tragic deaths to families and children. When negligence runs rampant, products for the home and for work can cause terrible injuries and even death. Sometimes a freak accident happens because a manufacturer put profits over safety.
Many industries have been taken to court repeatedly for seriously injuring the American public with defective and toxic products. Lawsuits often have the effect of bringing public attention to serious health dangers. Juries have the awesome power to hold a corporation accountable, and force manufacturers to either make products safer or to remove dangerous products from the marketplace altogether.
Contact our experienced NJ product liability attorneys
If you or a loved one has been injured by a product that you think may be defective, we have the necessary experience to investigate, advise, and provide representation through the trial process for all defective products. The New Jersey products liability lawyers at Shebell & Shebell believe in holding corporations accountable for the sale of dangerous products. We will fight hard for you to obtain compensation for injuries caused by defective products. Contact us today.