Pursuing a product liability case can be a worthwhile task. By successfully litigating a product liability case in New Jersey not only may the plaintiff be entitled to damages for their injuries, but they may also put the world on notice that a product being sold is dangerous and should be avoided. Even in cases where legal hurdles may exist, a plaintiff may be able to seek the justice they are looking for through their pursuit of a claim against those defendants they deem are liable.
A woman who claimed that a baby carrier was the cause of her child’s death has convinced an out-of-state court that her case should proceed after it was initially dismissed on the defendant’s motion for summary judgment. The child died in 2009, and the woman asserts the death resulted from a defective product that the retailer sold to her. The court initially found for the defendants based on the plaintiff’s failure to file a response, but the court reversed its own decision after the woman argued that she had in fact filed the proper opposition.
The defendants also sought to have the case removed to federal court. However, a U.S. District Court judge ruled that the case will stay in the Pennsylvania state court system because the defendants had not timely filed their request. It is unclear at this time when the case will proceed to trial or whether any other motions are currently pending.
As has been illustrated in this case, a product liability claim can be fought on many different fronts. As with similar claims advanced in New Jersey courts, the plaintiff will now have the opportunity to present her claims and attempt to prove the defendants culpable. If liability is established to the satisfaction of a civil court, demands for reimbursement of damages sustained will be adjudicated.
Source: The Pennsylvania Record, “In infant death product liability case, federal judge grants remand to Phila. Common Pleas Court,” Jon Campisi, March 6, 2013
