New Jersey provides a strict liability law for defective products, which effectively provides a two-fold benefit to our residents. First, if the strict liability elements are satisfied, the plaintiff does not have to prove that the defendant was liable. This is helpful to plaintiffs whose legal and financial resources are likely limited against large corporations whose legal and financial resources often seem to be unlimited. Strict liability allows plaintiffs to prove that the manufacturer, distributor, or seller of the defective product was liable, without having to prove negligence. Second, since this law is beneficial to injured consumers with regard to proving product liability cases, manufacturers, distributors, and sellers feel the pressure to exercise care and caution with regards to the safety of their consumer products. Our product liability attorneys have seen many types of product liability cases in our years of practice and some of the more common ones are listed below.
Types of product liability cases
- Drugs – When dangerous drugs hit the market, consumers are not safe. Drugs that do not contain proper warnings or fail to state negative side effects can cause damage and injuries to patients and sometimes to unborn children.
- Children’s products and toys – Children are vulnerable and need protections. When they are presented with unsafe products and toys, they do not have the awareness or physical capabilities to protect themselves. A few examples include getting crushed by top heavy and unstable furniture or equipment, toys containing unsafe elements and chemicals, or getting caught in or suffocating due to defective cribs or baby carriers.
- Medical devices – Patients trust medical professionals who advise, prescribe, and implant medical devices and if those devices are dangerous, they can cause serious injuries and even death to unsuspecting patients.
- Automobiles and their parts – Automobiles often have defective parts that cause dangers and accidents such as faulty brakes or airbags.
- Household items – Any items or appliances that you use around the house that contain dangerous defects such as exploding smartphone batteries or electrical appliance defects that causes fires.
Some common defenses in product liability cases are listed below.
- The plaintiff did not use a product in its intended way or a reasonably foreseeable way.
- The plaintiff modified or caused changes to the product after purchasing it.
- The injury was not actually caused by the product.
- The plaintiff did not file the claim before the statute of limitations ran and is barred from bringing the claim.
If you receive calls from defendant insurance companies who want to discuss your defective product accident and resulting injuries, you should be extremely cautious with anything you say should you choose to speak with them at all. Insurance companies are not checking on your injuries and damages because they are concerned about your welfare. They are concerned about how much they will have to pay out on behalf of their insured and they are interested in limiting that liability. If you have been injured by a defective product, contact our Cherry Hill product liability attorneys at The Law Offices of Greg Prosmushkin, P.C. We are skilled insurance company negotiators and trial attorneys who will work to see that you get the recovery that you deserve.