product liability

We all expect the products we buy to be safe. We bring them into our homes. We give them to friends and family members. We trust product makers and developers to uphold their end of the bargain and make the products we buy as safe as possible. Unfortunately, this is not always the case. As a result, dangerously defective products enter the stream of commerce and can cause severe, even catastrophic, and fatal injuries. When such a tragedy occurs and a person is injured as a result of a defective product, the law provides a way to seek compensation for harm sustained as a result. This is done by bringing a product liability claim.

Types of Product Liability Claims

The dangerous defect of a product that can lead to a product liability claim will generally fall into one of three different categories. The first category is a defect in the design. The developers and designers of products have a duty to make a product’s design safe for use. Sometimes, however, even when a product is made precisely according to the design guidelines, it is still dangerously defective. In this case, it is because there is a flaw in the product’s design. The inherent flaw in the design of a product means that no matter how well it is produced, it will still be defective and could injure a product user as a result.

The second category is a defect in manufacturing. In other cases, a product may be safely designed, but there is an error in the manufacturing process which renders it dangerously defective. When the manufacturing error is causing a dangerous defect in a product as opposed to a design defect, the amount of product impacted is usually limited in scope. It could mean only one or several batches of the product need to be pulled from distribution. Manufacturing defects, just like design defects, can be dangerous and can lead to serious injury

The third category is different in that the defect lies not in the actual product but instead is a defect in warnings and instructions provided or not provided with the product. Failure to warn or provide adequate instruction regarding proper product use is considered a product defect that could lead to a product liability claim should the lack of proper instruction or warnings about the potential dangers of a product cause injury to a product user. This is a large part of the reason why you may see extensive warning labels on the products you encounter. While a product developer, manufacturer, or distributor is not required to warn about unforeseeable or unreasonable uses of the product, they are required to provide proper instruction regarding how to use the product the right way and provide warnings regarding reasonably foreseeable dangers of the product.

New Jersey Personal Injury Attorneys

If you have been injured by a dangerously defective product, you need trusted legal counsel by your side. Product liability claims can be complex and require confronting large corporations to hold them accountable for the damage their products have inflicted. The personal injury team at Levin & Malkin will fight for you. Contact us today.

Posted in: Product Liability