When you purchase anything, whether it is an appliance, car part, shampoo, or baby stroller, you expect it to be safe and operate in the way it was intended. Manufacturers have a duty of care to provide the public with goods that function without causing harm or damage.
Unfortunately, all sorts of merchandise makes it to the open market with dangerous defects. Product liability law safeguards consumers from harm caused by such items. When dangerous products cause injuries to you or damage your property, you may be able to seek compensation for your losses.
The New Jersey product liability attorneys of Rand Spear have been helping people with these kinds of claims for over 30 years. We have a long history of success in these cases. We’ve earned an outstanding reputation for getting results and helping injury victims to recover the compensation they need and deserve.
What Is Product Liability Law?
Product liability law is a branch of law that holds manufacturers, distributors, and sellers responsible for any harm caused by their products. This law applies to any items or goods sold or distributed in New Jersey, regardless of whether it was manufactured in the state or not.
How do You Determine If a Product Is Defective?
There are many variables in these cases, and proving that a product is defective can be challenging. The manufacturers usually have deep pockets and a team of lawyers who will fight aggressively to defend their clients’ names.
In general, there are three things that are considered when determining whether a dangerous defect exists. A product liability attorney in New Jersey will consider the following:
Was There a Flaw in the Design?
Design defects occur when the creators don’t think about how to keep their customers safe while designing the item. To prove a defective design existed, the plaintiff must show that there is no reasonably safe alternative method of designing the item that would also be economically viable and practical.
Was There a Manufacturing Defect?
Defects in manufacturing arise when someone involved in the process veers from the safe and effective design that was originally approved.
The burden of proof shifts on the plaintiff to show that any aspect of the design deviated from the intended blueprint in a way that made it unsafe for use. A New Jersey defective product lawyer will work to show that there was a defect in the manufacturing process that caused you to become injured.
Was There a Failure to Warn or Inform Consumers?
A corporation must give customers information on how to use their wares safely and must alert customers to any risks associated with using them other than as directed.
A company may be held accountable for damages if it breaches its duty to provide relevant information or warning. This is why you may notice so many safety warnings on modern packaging.
New Jersey Product Liability Lawyer Near Me (215) 985-2424
How do I Know If I May Have a Valid Product Liability Claim?
You need actual damages for a personal injury case to succeed. You must be able to demonstrate how a dangerous product has caused you losses. That typically entails demonstrating actual, physical harm. In most cases, “almost caused an injury” will not suffice in court.
New Jersey product defect attorneys can help you understand your rights and determine if you have a valid claim.
Our legal team will investigate the circumstances surrounding the item in question to determine if it was defective and if the manufacturer, distributor, or seller was negligent in any way.
What Must Be Proven in a Product Liability Case?
Although the specifics vary from state to state, in most cases you will need to prove the following elements for a product liability lawsuit to be successful:
- You sustained losses or were injured
- There is a defect in the product
- Your injury was caused by the defect
- You used it in the way that it was meant to be used
A New Jersey product liability lawyer with our firm can gather the relevant evidence and build your case to prove your claim in court.
What Can a New Jersey Product Liability Attorney do For Me?
If you have a valid claim, your lawyer can help you pursue compensation for your losses. They can negotiate with the manufacturer, distributor, or seller to reach a settlement or take your case to court if necessary.
We will gather all information and evidence that is relevant to your case and conduct a thorough calculation of the damages you can pursue. Further, we manage your legal calendar and handle all documentation and court filings in a timely manner to preserve your right to claim.
An attorney with our personal injury firm will handle all correspondence with the insurance companies and opposing counsel to protect your claim and allow you the time you need to recover from your injuries. It is our goal to do everything in our power to recover the maximum compensation possible on your behalf.
What Types of Damages Can I Recover?
If you have a valid legal claim, you may be able to recover compensatory damages for your losses. This can include compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Emotional trauma
A New Jersey product liability attorney may work with economists, medical professionals, and long-term health care planners to ensure the accuracy of your losses. Having an accurate calculation can help you to avoid accepting an insufficient settlement.
How Much does a New Jersey Product Liability Attorney Cost?
Depending on the attorney you choose and the complexity of your case, the cost of an attorney may vary. The majority of defective consumer product attorneys work on a contingency fee basis, meaning they are only paid if they are successful in getting you compensation for your losses.
Rand Spear accepts cases on contingency because we understand the uncertainty an injury victim can face. We take pride in treating each client with personalized service and working to help you get the medical care you need.
Contact a Product Liability Law Firm in New Jersey Today for a Free Case Evaluation
When you are faced with unexpected medical expenses, time away from work, and coping with your injuries, you need to be certain that your claim is being handled professionally and effectively. It’s not enough to depend on the insurance company to take care of your best interests.
The Rand Spear legal team is ready to defend your rights and help you pursue your case. Contact us today to learn more about how we can help you to maximize your claim. You may have a valid claim regardless of the recall status of the product.