Can I Sue if a Defective Product Injures Me in My Home in New Jersey?

What Makes a Product Defective?

A household product can be defective if it is unreasonably dangerous when used as intended or in a reasonably foreseeable way. In the context of product liability law, a product is generally considered defective in one of three ways.

1. Design defect: When an item has a design defect, the inherent design of the product is unreasonably dangerous, even if manufactured perfectly. The entire product line, not just a single unit, is fundamentally flawed.
2. Manufacturing defect: This occurs when the product departs from its intended design due to an error during production. For example, if one unit of a hairdryer has a weak outer plastic casing due to using the wrong material, only that unit or batch may be defective.
3. Marketing defect: Also known as failure to warn, this occurs when the manufacturer fails to provide adequate instructions or warnings about the product’s dangers.

Products commonly found in the home that can be defective and cause serious injury include:

• Appliances: Defective wiring in toasters, ovens, or blenders can lead to electrocution or house fires.
• Tools/equipment: Power tools like drills or lawnmowers with faulty guards or improperly manufactured or assembled parts can cause lacerations or amputations.
• Children’s products: Toys or furniture with design flaws that create choking hazards or pose a tipping hazard.
• Heating devices: Space heaters or electric blankets with manufacturing defects can overheat and cause burns or fires.

Can I Sue if a Defective Product Injures Me in My Home in NJ?

Yes, you may be able to sue if a defective product causes you injury in your New Jersey home. The legal basis for this type of lawsuit is product liability law.

In New Jersey, a person injured by a defective product can bring a claim against the product’s manufacturer, distributor, or retailer. Unlike general negligence claims, product liability cases in New Jersey are governed by the New Jersey Product Liability Act (PLA), which imposes a form of strict liability on commercial sellers.

This means that to recover damages, you generally do not need to prove the defendant was negligent in making or selling the product. Instead, you need to prove:

• The product was defective
• The defect existed when it left the defendant’s control
• The defect was a proximate cause of your injuries
• The product was used in a reasonably foreseeable way

Successfully proving a valid product liability claim allows you to seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from your injury. For more information and legal assistance, contact an attorney at Berliner, Cohen, Accardi & Grossman, LLC today.