A manufacturer or seller of a product is liable in a product liability action only if the claimant proves by a preponderance of the evidence that the product causing the harm was not reasonably fit, suitable or safe for its intended purpose because it deviated from the design specifications, formulae or performance standards of the manufacturer or from otherwise identical units manufactured to the same manufacturing specifications or formulae; failed to contain adequate warnings or instructions; or was designed in a defective manner. If you have sustained injuries from a defective product, please read on, then contact one of our experienced New Jersey product liability lawyers to learn what you should know about defective product injuries in New Jersey.
How do you prove your defective product injuries claim in New Jersey?
When determining whether a product’s condition was defective, a jury will have to consider the following:
- Loss: Did the plaintiff prove they suffered an actual injury or property loss as a result of using a product?
- Defect or failure to warn: Did the plaintiff prove that the product was defectively designed, defectively manufactured or that the manufacturer knew or should have known of risks and failed to warn consumers?
- Proximate cause: Did the plaintiff show that the defect proximately caused the injury?
- Product used as intended: Did the plaintiff show that he or she was using the product as the manufacturer intended it to be used or in a way that a manufacturer could expect a reasonable person to use it?
What do you to prove in your defective product injuries claim in New Jersey?
All of your evidence will have to attest to either a defective manufacture, defective design or failure to provide adequate warnings or instructions concerning the proper use of the product. For this, you should reach out to one of our skilled New Jersey personal injury lawyers to discuss your next steps.
How can a New Jersey personal injury lawyer help you?
A qualified legal representative will fully apprise you of your rights and responsibilities, as well as give you an honest assessment of the strengths and weaknesses of your case. Our firm will also help draft, collect and present the evidence needed to prove your case in court. Many people and entities will be potentially liable in a product liability case and you can be sure that they will fight vigorously to keep you from recovering the damages you are entitled to. While engaging the services of a lawyer is not legally required, you would be well advised to reach out to our firm. Do not go it alone. Give us a call today.
Contact our experienced New Jersey firm
If you or someone you know has sustained an injury, whether on the job, on the road, due to a medical professional’s negligence, or otherwise, our firm is here. Rubenstein, Berliner & Shinrod, LLC has helped countless victims of negligence over the years, and we are ready to do the same for you. Contact our firm today so we can get started.