When consumers purchase a product, they expect it to be safe for its intended use. Unfortunately, not all products meet this expectation. Defective products can cause serious injuries, property damage, or even fatalities. In New Jersey, product liability law allows injured individuals to seek compensation when a dangerous or defective product is responsible for harm. Understanding the most common types of product liability claims can help victims recognize whether they may have a valid legal case.
Design Defects
A design defect occurs when a product is inherently dangerous because of the way it was conceived, even if it is manufactured correctly. In this situation, the flaw affects every unit of the product because the risk is built into the design itself. Examples include a vehicle designed with an unstable center of gravity that increases rollover risks, or a children’s toy with sharp edges or small detachable parts that create a choking hazard.
Under New Jersey law, to prove a design defect, a plaintiff must show that a safer and economically feasible alternative design was available, and that this alternative would have reduced or prevented the harm. Courts examine whether the risk posed by the design outweighed its utility, and whether reasonable consumers could have anticipated the danger.
Manufacturing Defects
Unlike design defects, manufacturing defects occur when something goes wrong during the production process. These defects typically affect only certain batches or units, rather than the entire product line. For instance, a batch of prescription drugs contaminated in the factory, a bicycle frame that cracks due to improper welding, or an airbag that fails to deploy because of a faulty sensor are all examples of manufacturing defects.
To succeed in such a claim, a plaintiff must show that the defect occurred during the product’s assembly or production and that the defect directly caused their injury. Even if the design itself is sound, manufacturers and distributors can be held responsible for defects introduced during production.
Failure to Warn (Marketing Defects)
Manufacturers and sellers also have a duty to provide clear instructions and adequate warnings about the proper use of their products. Failure-to-warn claims, also known as marketing defects, arise when consumers are not given enough information about foreseeable risks.
For example, a medication that fails to list potential side effects, a power tool sold without instructions on safe handling, or a household cleaner that does not clearly warn about toxic fumes can all form the basis of a failure-to-warn claim. In New Jersey, companies must ensure that warnings are conspicuous and adequate enough for the ordinary consumer to understand. If a lack of warning contributes to an injury, liability may follow.
Breach of Warranty
Product liability can also arise from breach of warranty. Warranties may be express, such as written promises about performance or safety, or implied, such as the assumption that a product will be fit for ordinary use. For instance, if a consumer buys a space heater advertised as safe for indoor use, but it malfunctions and causes a fire, the manufacturer may be liable for breach of warranty.
New Jersey law recognizes both express and implied warranties, and a failure to meet these guarantees can serve as grounds for legal action.
Strict Liability in New Jersey
One of the most important aspects of product liability law in New Jersey is that it follows the principle of strict liability. This means that injured parties do not have to prove negligence. Instead, they need only show that the product was defective, the defect made the product unreasonably dangerous, and the defect caused the injury. This standard makes it more accessible for victims to pursue justice, as the focus is on the defective product itself rather than the manufacturer’s intent.
Conclusion
Product liability claims in New Jersey often involve design defects, manufacturing defects, marketing defects, or breaches of warranty. These claims play a vital role in protecting consumers and ensuring accountability for manufacturers, distributors, and retailers. Victims of defective products may be entitled to recover damages for medical bills, lost wages, pain and suffering, and other losses.
If you or a loved one has been injured by a defective product, consulting with an experienced New Jersey product liability attorney is essential. Legal guidance can help determine the strength of a case and pursue the compensation needed to move forward after a serious injury.