The U.S. Consumer Product Safety Commission and the New Jersey Division of Consumer Affairs work together to ensure that retail products are safe for consumers and they encourage consumer complaints in order to discover unsafe products so that recalls can be issued when necessary. Unfortunately, recalls are not always enough to protect consumers who end up injured before the recall is issued or who are not aware of the recall and they continue using the product. Unsafe consumer products are a problem right here in Atlantic City and across the state of New Jersey, but we do have protective laws in place for people who have suffered injuries caused by dangerous products.
Common defective products
Defective products are the cause of many injuries and deaths each year. Products that our Atlantic City product liability attorneys frequently see in product liability cases include:
- Medical devices
- Contaminated food
- Defective car parts
- Defective baby products and toys
- Household goods and appliances
Types of product defects
Products may be dangerous to consumers due to the following types of defects:
Manufacturing – Errors made during the making of product, which caused a product to be dangerous are called manufacturing defects.
Design -Errors occurring before the product is made, during the development of the product’s design is called design defects.
Failure to warn – Sellers or manufacturers must provide adequate warnings and instructions about dangers that the product may present to consumers. ‘Failure to warn’ defects occur when a consumer is not adequately warned or instructed about potential product dangers.
New Jersey strict product liability law
New Jersey has a strict liability law for defective products. This law helps injured consumers prove a defective product case against manufacturers, distributors, or sellers without having to prove negligence,so long as strict liability elements are satisfied. Not having to prove negligence is beneficial to consumers because it often makes proving their cases against defendants easier. See below for elements of New Jersey’s strict product liability law:
- The product as designed, manufactured, or sold was not reasonably safe for a consumer,
- The product was defective when it left the defendant’s control,
- The product was being used in a reasonably foreseeable way when the injury occurred and was not being misused or had not been altered,
- That a reasonably foreseeable user’s injuries were caused by the defect, and
- The defect was the proximate cause of the injury.
If you have been injured by a defective product and the above elements cannot be proven, you may have other recovery options. Contact an Atlantic City product liability attorney with The Law Offices of Greg Prosmushkin, P.C. to discuss the particulars of your case. In the meantime, you should preserve as much defective product evidence as possible including the product itself, if it is still available along with any related materials such as packaging and receipts. Do not change or alter the product and gather any available information that identifies the product such as make, model, purchase date, and seller.