March 26, 2026 by Albergo, Shmaruk & Kofman, LLC
When a defective product causes injury, New Jersey law provides a legal pathway for holding manufacturers accountable. Filing a claim against a manufacturer is not simply about proving that an injury occurred. It requires demonstrating that the product was defective, that the defect existed when it left the manufacturer’s control, and that the defect directly caused the harm. Understanding how this process works is essential for protecting legal rights.
In New Jersey, product-related injury claims are governed primarily by the New Jersey Product Liability Act (NJPLA). This statute consolidates most product liability claims into a single legal framework. Rather than focusing solely on negligence, the law often applies a strict liability standard.
Strict liability means the injured party does not need to prove that the manufacturer acted carelessly. Instead, the focus is on whether the product was defective and unreasonably dangerous when used in a reasonably foreseeable manner.
Claims against manufacturers typically involve one of three defect categories:
Identifying the correct theory of liability is a critical step in filing a claim.
The process generally begins with preserving the defective product and documenting the injury. Photographs, medical records, purchase receipts, and witness statements may become important evidence.
Next, an investigation is conducted to determine how the product failed. In many cases, expert analysis is required. Engineers or safety specialists may evaluate the product to determine whether it deviated from accepted standards.
A formal complaint is then filed in court, naming the manufacturer and potentially other responsible parties such as distributors or retailers. The litigation process may involve discovery, expert reports, depositions, and potentially settlement negotiations or trial.
One of the most important elements of a product liability claim is proving causation. The plaintiff must show that the defect directly caused the injury. Manufacturers often argue that the product was misused or altered after sale.
New Jersey follows a modified comparative negligence rule. If the injured party is found partially responsible, damages may be reduced proportionally. Recovery is barred if the plaintiff is more than 50% at fault.
If liability is established, compensation may include:
In cases involving severe injuries, damages may reflect long-term medical care and rehabilitation needs.
Product liability claims in New Jersey must generally be filed within two years of the date of injury or discovery of the injury. Additionally, the statute of repose may limit claims filed more than ten years after the product’s initial sale.
Filing a claim against a manufacturer in New Jersey requires careful legal and technical analysis. The injured party must demonstrate that the product was defective and that the defect caused measurable harm. Because these cases often involve complex evidence and strict procedural requirements, prompt investigation and thorough preparation are essential to pursuing fair compensation.
