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Gelman Gelman Wiskow & McCarthy LLC
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Who is Liable When Your Injury Is Caused by a Defective Product?

We live in a world filled with products. Some we need and some we just like. There are always new products on the market. However, sometimes these products can be dangerous and cause serious injury or even death.

The U.S Consumer Product Safety Commission (CPSC) maintains a list of product recalls. There are many different types of products that can be hazardous including cars, trucks, building materials, household appliances, electronic devices, furniture, drugs, makeup, medical devices and even toys.

In New Jersey, a products liability lawsuit may be brought if you were injured by a product that is not reasonably fit, suitable or safe for its intended or foreseeable purpose. (N.J.S.A. 2A:58C-2) The most common defendants in a products liability action are the manufacturer and seller of the defective product. However in certain cases an employer, health care provider or other distributor of the product can also be held responsible.

There are several ways a product can be found to be unsafe, providing the legal grounds for a products liability lawsuit, including:

  • Design defect – An example of a design defect is a folding baby stroller faulty design that allows the stroller to be collapsed while the child is still in it.
  • Manufacturing defect – An example of a manufacturing defect is a motor vehicle with a faulty gas tank that causes a car to explode on impact.
  • Failure to warn – A product can be unsafe when the accompanying instructions cause it to be used improperly. The manufacturer has a duty have clear warning labels and instructions.
  • Breach of an express warranty – This occurs when a consumer product does not conform to manufacturer or seller advertisements or written materials packaged with the product.

The responsibility to ensure the safety of the products released into the marketplace is properly placed on the manufacturers and merchants who benefit from the sales of the products. If you are injured as a result of a dangerous product, our personal injury lawyers have the necessary experience to handle complicated products liability cases.

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