Experienced NJ Personal Injury Attorneys at the Clark Law Firm, P.C., Handle Defective Product Cases
If you or a loved one have sustained injuries due to the use of a defective product, contact the NJ personal injury firm, the Clark Law Firm, P.C. Our personal injury attorneys are experienced in handling defective product liability cases and will work to ensure that the responsible parties are held accountable for your injuries.
The term defective product applies to a broad range of products and includes any tangible item that has, as a result of a defect, has caused damage or injury during use. The injury sustained may be caused by use of the product itself, by a defect in the design or manufacturing of the product, or by the lack of instruction or safety warning on the labeling of the product. If you suspect you have been injured by a defective product, you should contact the Clark Law Firm, P.C. as soon as possible so that we can evaluate your case and get you on the road to securing your legal rights.
Types of Defective Products Causing Personal Injury | Product Liability Law
Generally, under product liability law, designers, manufacturers, wholesalers and retailers can be held responsible for injuries caused by defective products, whether or not they knew about the product defect. Defective products include everything from vehicle air bags to tools, appliances, children’s toys or products, defective drugs and even food. Consumers rightfully expect that when they purchase a product that product works properly and is reasonably safe. Unfortunately, this is not always the case and unsafe and defective products make it into the marketplace and into the hands of unsuspecting consumers. The consequences can be devastating and include various types of personal injury that harm or sometimes kill consumers, including damaging side effects from defective drugs or the painful and potentially dangerous effects of consuming unsafe food products.
Manufacturers have the responsibility to ensure the products they produce are safe for use by consumers. Most if not all defective products fall into one of the categories described below:
Design Defect: There is an inherent defect in the way the product was designed that makes it unsafe, regardless of how well it may have been manufactured. Design defects also include the way products are packaged (e.g., childproof containers).
Manufacturing Defect: The design of the product is safe, but something having to do with the way the particular product in question was made has caused it to be unsafe.
- Marketing Defects / Insufficient Instructions or Warnings: The product design and manufacturing may be acceptable, but the product packaging does not include the appropriate warnings and/or instructions needed to ensure safe use.
Types of Product Liability Claims
Product liability claims will fall into one of the following three types:
Negligence – Negligence is applicable when the designer, manufacturer, wholesaler or retailer was aware, or should have been aware, that the product was unsafe and did not take steps to prevent it from reaching the consumer in its’ unsafe condition.
Strict Liability – The most common type of product liability claim because it is not necessary to prove fault, but only that the product was in fact defective and that injuries were caused by the product or by use of the product.
- Breach of Warranty – This applies when a written or implied warranty that guarantees that the product is free from defects is violated by the manufacturer or distributor.
The New Jersey personal injury attorneys at the Clark Law Firm, P.C., have extensive experience in handling personal injury cases caused by defective products. They will review your case and determine what type of product liability is most appropriate for your claim.
Who Is Responsible for Personal Injury Caused by Defective Products?
All parties who are or have been connected to the product may be held liable for personal injuries caused by the defective product. The designer, manufacturer, and anyone involved in the distribution and selling of the defective product can be held liable. In some cases the party performing repair work to the product may be held liable as well. Navigating through this information and ensuring that all parties involved are appropriately named in the litigation requires knowledgeable and experienced products liability attorneys.
Product Liability Claims and Related Damages
Depending on the product and circumstances surrounding your injury there are various types of damages that may be recoverable:
Compensatory Damages – These are damages that reimburse you for expenses (e.g., medical bills), lost wages, and even property damage, that were caused as a result of the defective product.
Pain and Suffering – These are damaged that compensate you for the pain and suffering that you experienced as a result of the injuries related to use of the defective product.
Punitive Damages – These are damages that are awarded by the court as a measure to punish the defendant and typically only occur when the defendant’s behavior or actions are so egregious that the court wants to make an example of the defendant in order to deter others from acting in a similar manner.
- Loss of Consortium – These are damages that compensate you and/or your spouse for the negative effects the defective product accident has caused to your relationship.
In order to pursue your claim, your personal injury attorney will need information related to what has occurred and the resulting personal injuries you have suffered. Although in New Jersey you have two years to file a products liability claim, if you believe that you or a loved one have been injured by a defective product, it is important to contact a New Jersey personal injury attorney as soon as possible. The attorney you retain will need various types of information and documentation to help you, so the sooner you consult with one of our personal injury attorneys the better. They will work with you to collect this information and will guide you appropriately. Below is a list of some information that may be needed:
The defective product if it is still available and/or photos of the product and resulting damages and/or injuries
Purchase location and date
The product packaging as well as any written materials and/or manuals provided with the product
All medical record associated with your personal injury
Documentation regarding time off of work as a result of your personal injuries
Receipts for any remediation / repair of damaged property
- Information regarding any witnesses and/or witness statements
Fair Compensation for Your Personal Injuries / Product Liability Case
Contacting the New Jersey personal injury attorneys at the Clark Law Firm, P.C., will help you ensure that you are compensated appropriately and fairly. The amount of compensation will depend upon the extent of your injuries – you may be entitled to compensation for your medical expenses, both current and on-going care (i.e., physical therapy), loss of wages, as well as for your pain and suffering as a result of the accident. Your case will be handled on a contingency fee basis – meaning we will not get paid until you receive compensation from your product liability case. A contingent fee arrangement is helpful to many who may not be able to afford up front legal fees, particularly in this time of need.
Manufacturers and other related parties need to be held accountable for what they produce and/or sell to consumers. Contact the experienced products liability lawyers at the Clark Law Firm, P.C. to ensure your rights are protected and that you receive compensation.
Reporting Dangerous Products | U.S. Consumer Product Safety Commission (CPSC)
“The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death from thousands of types of consumer products under the agency’s jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC’s work to ensure the safety of consumer products – such as toys, cribs, power tools, cigarette lighters, and household chemicals – contributed significantly to the 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years.” *
The CPSC’s website serves as a valuable resource for consumers regarding product safety and product recalls. If you are aware of an unsafe product please report it to the CPSC by either emailing the information to email@example.com, calling 800-638-2772, faxing 800-809-0924 or writing to U.S. Consumer Product Safety Commission, Injury Report, Washington, DC 20207.