Three Main Types of Product Liability Claims
In New Jersey, products are only allowed to hit the market when they have been proven safe for consumers. Stringent product liability laws seek to ensure consumer safety. Sometimes, a product that has shown feasibility for collective consumption reveals a defect once a customer has purchased the product. A defect can happen in a number of ways; a product can have a defective design or a defect in the way it was manufactured. It can also cause harm due to insufficient consumer instructions that result in a consumer misusing the product and being hurt in the process.
There are a wide variety of avenues when talking about product liability claims, including manufacturing negligence, design defects, and failure to warn or instruct. If you or a loved one has been hurt by a product for any of these reasons in New Jersey, explore the legal options that may be available to you by contacting the experienced attorneys at Fronzuto Law Group. Our lawyers have decades of experience handling complex product liability claims and will assist you in analyzing your potential case to identify and determine liability, as well as bringing a cause of action on your behalf.
Product Liability Theories when Filing a Claim
Product liability claims usually take one of three forms to address certain areas of product defects. These three theories of product liability are defective design, defective manufacturing, or failure to supply proper instructions or warnings regarding the appropriate use of the product.
Proving Defects in Product Design
Design defects cases are a main type of product liability claim. In order to prove a design defect, the plaintiff must provide evidence that the product’s design poses a serious risk to the safety of the consumer, including that the design as it is stands a likelihood of injury to the consumer. The plaintiff must also prove that an alternative design exists that is less dangerous, and the cost of implementing such an alternative is relative to the manufacturing cost of the original, dangerous design.
Design defects are particularly hazardous when it comes to appliances and power tools. A poorly designed handle, latch, or safety switch could lead to tragic outcomes. Because products are composed of a myriad of small pieces, design defects abound on the market. For example, children’s products such as car seats and swings must have well-designed latch hooks and harnesses to ensure that movements of the vehicle or swing don’t affect the seat’s installation. An ineffectively designed lever, latch, or clip could have disastrous effects.
Handling Claims for Manufacturing Defects
Manufacturing defects cases involve products whose form and/or function is warped from its original intent or other products of its design due to manufacturing malfunction. A product that does not have its intended effect, such as a beauty cream that does not provide the intended effect because of an imbalance of ingredients in a particular batch, is an example of a manufacturing defect for which a claim can be filed if the product is not replaced, and even if it is, if injury is proven. Manufacturing defects unfortunately happen more often that producers (and certainly consumers) would like to see. And many of the minute glitches in product production can cause major harm to a consumer. Particularly when it comes to household appliances, technologies, and construction tools, a part that is incompletely attached or incorrectly installed can cause electrical or functional havoc.
Whether there has been a defect in the design of a product sent to market or one that occurred during the manufacturing process, a manufacturer may be subject to a liability lawsuit if the consumer is injured due to a faulty product.
Claims based on Inadequate Product Instructions
The most common forms of product liability include failure to provide adequate warnings or instructions for the safe and proper use of the product. One example would be instances of improper use or assembly that are the result of a manufacturer’s incomplete or insufficient instruction process. Consumers who have bought products that must be put together, such as furniture or children’s products, must take special care to follow the instructions word-for-word after reviewing that all pieces the assembly process calls for are present and identified. This often requires using available illustrations to discern between different types of screws. Assembly and use instructions should also entail other small yet essential differentiations in the product in order for end users to remain safe.
Another subset of failure to adequately instruct or warn relates to pharmaceutical products and medical devices. These claims have a myriad of intricacies and with the user’s health involved, the risks and costs can be devastating for consumers.
Get the Financial Award You Deserve
You may be eligible for compensation if a defective product has hurt you or someone you love in New Jersey. Our team at Fronzuto Law Group includes lawyers with extensive background handling product liability cases, and we can assist you with all elements of your claim. An experienced attorney at our firm will be able to determine your potential cause for legal action, which theory of product liability is appropriate for your claim, and how much time you have left to file a lawsuit.
When you enlist our help, we address every phase of the process of investigating, filing, and helping you seek justice and the financial award you deserve. To speak with one of our lawyers about your injuries that were caused by a product with defects inherent by design, manufacturing defects, or another type of faulty product feature in New Jersey, call (973)-435-4551 for a free consultation. If you have been hurt by a dangerous or defective product, our lawyers can help.