Product Liability in New Jersey

Product liability is a complex area of law that holds manufacturers, distributors, and retailers responsible for injuries caused by defective products. In New Jersey, consumers are protected by strict product liability laws that make it easier to recover damages in cases where a defective product has caused harm.

Understanding Product Liability in New Jersey

Product liability in New Jersey is governed by both common law and statutory law. Under common law, a plaintiff must prove that the product was defective, that the defect existed at the time the product left the defendant’s control, and that the defect caused the plaintiff’s injuries. There are three types of defects that can give rise to a product liability claim:

• Design Defects: These occur when a product is inherently dangerous due to its design.
• Manufacturing Defects: These occur when a product is defectively manufactured, making it different from the intended design.
• Warning Defects: These occur when a product does not come with adequate warnings or instructions for safe use.

New Jersey also has a strict liability statute, the New Jersey Products Liability Act (NJPLA) (N.J. Stat. Ann. § 2A:58C-1 et seq.), which provides a cause of action for injured consumers against manufacturers, distributors, and sellers of defective products. Under the NJPLA, a plaintiff does not need to prove negligence on the part of the defendant, making it easier to recover damages in product liability cases.

Bringing a Product Liability Claim in New Jersey

In order to bring a successful product liability claim in New Jersey, a plaintiff must show that:

• The product in question was defective
• The defect caused the plaintiff’s injuries
• The plaintiff was using the product in a reasonably foreseeable manner at the time of the injury

It is important to note that New Jersey follows a rule of comparative negligence, which means that if the plaintiff is found to have contributed to their own injuries, their damages may be reduced accordingly.

Potential Damages in Product Liability Cases

In New Jersey, a plaintiff in a product liability case may be entitled to various types of damages, including:

• Medical expenses
• Lost wages
• Pain and suffering
• Loss of consortium
• Punitive damages (in cases of egregious misconduct)

It is crucial for individuals who have been injured by a defective product to consult with an experienced personal injury lawyer to understand their rights and pursue fair compensation for their injuries.

Statute of Limitations for Product Liability Claims in New Jersey

It is important to be aware of the statute of limitations for product liability claims in New Jersey. According to N.J. Stat. Ann. § 2A:14-2, a product liability claim must be brought within two years of the date of the injury. Failing to file a claim within this time frame may result in the loss of the right to seek damages.

Contact Our Firm

If you have been injured by a defective product in New Jersey, it is essential to seek legal representation from a knowledgeable personal injury lawyer who has experience handling product liability cases. An attorney can help you navigate the complexities of the law, gather evidence to support your claim, and advocate for your rights in court.

At our New Jersey-based firm, we are dedicated to helping injured individuals seek justice and fair compensation for their injuries. Contact us today to schedule a consultation and learn more about how we can assist you with your product liability claim.