New Jersey Product Liability Attorneys
Representing Clients Injured by Defective and Dangerous Products in Passaic County and throughout NJ
Our lives are filled with products–at home, at work, as we travel–essentially every part of our daily living requires some form of product. Due to the universal presence and use of products, ranging from cars and appliances to machinery and medication, it is easy to forget the dangers they may pose if improperly designed, manufactured, distributed, or labeled. All-too-often, a catastrophic event brings these deficiencies to light, long after they could have been identified and prevented. When these instances do occur and you suffer an injury, it is important to know that those negligent parties can be held accountable for failing to ensure the safety of their products and the consumers who rely on them. If you have suffered an injury resulting from a dangerous or defective product in New Jersey, it is imperative to consult a highly qualified NJ product liability attorney who can advise you of your rights and determine your potential to recover compensation through legal action.
At Fronzuto Law Group, our skilled New Jersey product liability lawyers bring over 75 years of combined experience and unparalleled tenacity to each and every case. With an intensive, investigative approach, we collect any and all forms of available evidence to construct a compelling case on your behalf and pursue maximum damages. For instance, in a recent case, we recovered $14.5 million in damages after a product label and product defect resulted in brain injury and permanent disability for one of our young clients.
After thoroughly investigating your claim, we employ all of the knowledge and resources at our disposal, including top experts in relevant fields, to seek just compensation that will provide for your security both in the short and long-term. For a cost-free, no obligation consultation about your New Jersey product liability case, contact our offices anytime at 973-435-4551 or contact us online to schedule your free case evaluation.
What is Product Liability?
Under product liability law, manufacturers have a number of legal obligations regarding the products that they market to consumers, including:
- Designing safe products;
- Manufacturing safe products and/or including necessary safety features;
- Providing clear and comprehensive product instructions; and
- Providing explicit warnings and cautions for use
Failure to fulfill any of the above responsibilities may constitute grounds for a product liability claim and leave a manufacturer exposed to civil litigation from consumers who are injured as a result of their negligence.
What is Required for a Product Liability Lawsuit?
In New Jersey, Product liability law covers defective products that cause danger, injury and damages to those who would foreseeably use the product. A product can be something tangible or intangible, ranging from medicine to a motor vehicle. Essential to a product liability lawsuit is providing evidence that the product is, indeed, defective by design, manufacture or marketing (also known as failure to warn). Design defects are inherent in the product at its creation before manufacture, manufacturing defects arise in putting the product together, and marketing defects exist in the inadequacy of the instructions, labeling or safety warnings. The latter defect is not in the product itself, but in the failure to properly warn and instruct the consumer about product use.
The New Jersey Product Liability Act (NJPLA) governs actions between injured consumers and defective product makers and sellers, and allows a plaintiff to sue in a strict liability cause of action for damages due to use of a defective product. A successful product liability lawsuit requires a plaintiff to prove the product in question is unfit or unsafe for how the product is intended to be used due to a defect in design or assembly, or contains inadequate instructions or warnings. Additionally, the plaintiff must show the defendant sold or typically sells the product that injured plaintiff. In other words, the plaintiff must show that the defendant regularly sells that product, that the plaintiff was injured by the product, which was defective, and that such defect caused the injury, in order to recover damages. For design defect claims, the plaintiff must not only prove the product’s defect, but that the defendant released the product with the defect to reasonably foreseeable product users injured by the defective product.
Who is Liable for a Defective Product?
Consumers in New Jersey can sue product providers on a theory of strict liability under the NJPLA for products manufactured in the usual course of the business’s production. Anyone who uses or foreseeably could use the product and is injured may sue the party or parties responsible for putting the defective product out to the public, including:
- Product manufacturers,
- Parts manufacturers,
- Wholesalers; and
- Retail stores
Depending on the specific case, one or more of these parties may be legally responsible for a product that was unfit for its intended purpose or unsafe as a result of defective design, manufacturing defect, or insufficient warning or instructions for use. Notably, some products will always be deemed unsafe or dangerous by their intended use and the very nature of the product itself, such as dynamite or fireworks. Manufacturers and sellers of these types of products must warn customers of the inherent danger of the products on warning labels.
What are the Different Types of Products that can Lead to Product Liability Claims?
In a variety of environments, from private residences to vehicles and workplaces, designers, manufacturers and distributors must take necessary measures to ensure that consumers and employees can safely utilize their products. The following are among the most common classifications of products that can cause serious injuries when defective or dangerous, often leading to product liability lawsuits:
- Defective auto products: Seat belts, roof assemblies, brakes, airbags, and tires
- Defective construction and workplace equipment: Cranes, forklifts, scissor lifts, man lifts/cherry pickers, safety equipment (harnesses, safety glasses), and unsafe materials (asbestos found in tiles, insulation)
- Defective sports and recreation equipment: Baseball bats, paintball guns and masks, football helmets, lacrosse equipment, jungle gyms and other playground equipment
- Defective household products: Lawn mowers, power tools (nail guns, saws, sanders), log splitters, kitchen appliances, toys, personal care products
- Failure to warn about prescription medications, pharmaceutical, and medical devices: Ortho Evra, Yaz, Chantix, DePuy hip implants, defibrillators, pace makers
When any of the above products are defective, the injuries suffered by victims can range from allergic reactions to choking, burns, poisoning, electrocution, and even death. However, the law provides you with a mechanism through which to hold these parties accountable for your injuries. Under the conditions of strict liability, a negligent product manufacturer can be forced to provide compensation for your medical expenses, loss of income, rehabilitative treatment, necessary future accommodations, permanent disability, and pain and suffering. Further, surviving family members are entitled to bring wrongful death claims against negligent parties if their loved one has died as a result of a hazardous product.
How Long do I Have to File a Product Liability Lawsuit in New Jersey?
It is important to note that there are time limits within which you must file a product liability claim in order to seek compensation. Under New Jersey law, a plaintiff has two years from the time they discover or reasonably should have discovered the cause of the injury, and some or all of the responsible parties, to file suit for personal injury damages. The one exception to this applies to minors. If the plaintiff was a minor at the time of the injury, the statute of limitations may be extended. If you have questions about or are interested in filing a product liability lawsuit in New Jersey, we urge you to seek prompt legal counsel regarding your specific situation.
With the ubiquitous nature of products in our consumer-driven world, we may lose sight of the fact that not all of these products are as safe as they appear. In fact, products are responsible for a shocking number of injuries and deaths each year. According to the most recent data provided by the U.S. Consumer Product Safety Commission, an estimated 38,573,000 people sought medical attention for an injury related to a consumer product in 2010. Although the U.S. government attempts to prevent these injuries through regulations and numerous product recalls each year, there are many products that bypass these mechanisms undetected, leaving unsuspecting consumers vulnerable to the devastating effects they may cause.
Contact our New Jersey Product Liability Lawyers for Help Today
Consumers expect that the products that they buy will work as intended, the purpose for which the product was purchased. So, when you are injured as a result of a defective product, you most likely want to know how it happened and who is responsible for your injury. It is critical to get personalized answers if you or a loved one may have the basis for a product liability claim in New Jersey. When you or someone you love has been injured due to a defectively designed or manufactured product, or the product manufacturer’s failure to warn about product risks, the experienced New Jersey product liability lawyers at Fronzuto Law Group are here for you.
Chaired by our firm’s founder Ernest Fronzuto, who is certified by the Supreme Court of New Jersey as a civil trial attorney, our product liability group consists of attorneys who have the skills and tenacity to take on major corporations in complex litigation. With millions of dollars in verdicts and settlements recovered, you are not responsible for paying us until you receive the financial compensation that you deserve. Schedule a free initial consultation with our NJ product liability lawyers by calling 973-435-4551 or contact us online today.