Experienced New Jersey Personal Injury and Product Liability Attorney Will Handle Your Defective Product Lawsuit
Many people sustain serious injury from use of defective products. When an injury is sustained caused by a defective product, the designer, manufacturer, distributor, and even the retailer can be held liable. The experienced attorneys at New Jersey’s the Clark Law Firm, PC, have extensive experience in personal injury and product liability lawsuits related to defective products.
A defective product can involve any form of personal property such as equipment, toys, tools, furniture and even medication. When these consumer products are unreasonably dangerous – they are considered defective products.
Defective product claims fall under product liability law and can pertain to the design, manufacturing and even the marketing of the product. If you have sustained injuries from the use of a product that was improperly designed, manufactured, or you were not provided with sufficient instructions on the use of the product that caused your injury, you may have cause for a product liability / defective product lawsuit.
A product design defect occurs when a product line is unreasonably dangerous – meaning that the there is an unexpected defect and/or danger when it’s used. Even though the product designer did not intentionally design a dangerous product or did not know the product’s design was dangerous, they are still liable for any injuries that occur related to the use of their defective product.
A product manufacturing defect occurs when there is a flaw or mistake in the manufacturing / assembly of the product, even though the product was designed properly. This is typically an exception to what normally occurs during the use of the product – and the manufacturer and retailer can be held liable for any injuries related to the use of the defective product. In some cases, the transporter may also be liable for your injuries if damage to the product occurred during transport to the retailer.
Even though a product may have been designed and constructed properly, and you were injured as a result of the use of a product, you may still have cause for a product liability / defective product lawsuit if the product labeling did not contain sufficient written warning and/or instructions. If there is danger related to the use of the product, but it is not obvious, the product needs to be labeled appropriately so the consumer is made aware of the potential danger. Also, if use of the product requires specific precautions or care, the specific precautions need to be clearly detailed in the product instructions. For example, suppose you purchased a product that is used to clear home drain clogs. The product provide instructions for use, such as the quantity of product to be used, and the time frame that you can expect the product to clear the drain, and even some warnings related to where not to use the product. You use the product as instructed and during use, the product backs up out of the drain and splashes on your face and eyes causing burns to your face and damage to your eyes and vision. In this scenario, the product instructions and warnings should have clearly advised you to wear protective gear such as gloves and eye protection. Failure to include this information is a marketing product defect and several parties may be liable for your injuries, including the manufacturer and retailer.
When to Hire a Personal Injury / Product Liability Attorney
Often times, victims of defective product injuries become quickly overwhelmed, especially when the injuries are significant, painful and long term. You may be contacted by insurance representatives, both yours and others, manufacturer and retailer representatives, all while you are trying to recover from your injuries. There are many details to track and document after a defective product injury occurs. Your main focus needs to be on your recovery, without compromising information that may be useful to your potential lawsuit.
In most instances, both the injured party and the designer, manufacturer, and retailer have insurance to cover expenses related to defective product injures; however, coverage may not be sufficient, or you may be pressured to accept a settlement offer from an insurance company. It is important that you receive sufficient compensation for injury, particularly if they are serious and there is a loss of work or property damage involved. This is most likely to occur if you hire an experienced personal injury / defective product attorney immediately following the accident.
Contacting a reputable, experienced personal injury / product liability attorney that has a successful track record prosecuting defective product lawsuits is the first step in ensuring that important details are not missed and that you are treated fairly. The Clark Law Firm, PC will review the circumstances surrounding the incident and will advise you of what you are likely to recover.
If you believe you have been injured as a result of any type of defective product, contact the personal injury lawyers at the Clark Law Firm, PC as soon as possible to ensure you are treated fairly and your interests are safeguarded. Our product liability attorneys are experienced in combing through the details related to defective product cases and ensuring all liable parties are held accountable and that your receive what you are entitled to.