Frequently Asked Questions about Defective Product Injuries and Lawsuits in NJ and PA
When you buy a product, you expect it to function. Alas, some products come off of the production line defective, or in some cases, dangerously flawed. Our attorneys at Kamensky, Cohen & Riechelson have the experience and knowledge you need to file and prove your claim after being injured by a dangerous or defective product in New Jersey or Pennsylvania and get you on the road to recovery. Here are answers to some of the most frequently asked questions about products liability claims, and how you can take legal action when you are injured by a dangerous or defective product. Contact us for further information and assistance in a free consultation at (609) 528-2596.
What Is A Product Liability Claim?
When you are injured by a defective or dangerous product, you can file a product liability claim. This claim is based on law and attests that the negligence or breach of warranty of the manufacturer led to the item being placed in the possession of customers without it being legally safe.
Who Is Liable for Injuries from a Defective Product?
When you are injured due to a defective product, the manufacturer can be sued for negligence, providing you financial damages for medical expenses, lost wages, and out-of-pocket costs associated with your injury. There are other potentially liable parties as well, including anyone who participated in the process of bringing the product to the consumer. This includes the product designer, the manufacturing company, distributors of the product, retailers who sold the product, and wholesalers as well. Depending on the type of product, creators or collaborators of component parts may also be held responsible.
In order to recover the full financial compensation for your negligence-related injury, it is essential to have the support of a products liability attorney.
How Do I Establish Liability For A Defective Product?
There are three main ways to determine liability in the case of a defective product. Defects in design, defects in manufacturing, or insufficient warning labels or instructions must be proven in order to establish liability for a defective product. Would an average consumer be at risk for injury by using the product in the way it is supposed to be used (not by misusing the product and causing their own risk)? If the answer is yes, there could be liability established.
It’s important to note that, regardless of whether the manufacturer intended to cause harm (or, likely, not), in a product liability case, it is the defective nature of the product itself that causes legal liability, not the intent. Having the guidance of a product liability lawyer will help you ensure that you meet the requirements to prove that a failure of design, manufacturing, or labeling led to your injury.
What are the Most Common Types of Defective Products?
Many products are at risk for being defective, either in design, manufacturing, or insufficient labeling. Products that one consumes – such as nutritional supplements or medicines – could cause serious harm if they are improperly manufactured or stored, and they spoil, leading to potentially detrimental side effects. Electronics, in addition, run a huge risk of causing injury from electric shock if they are not manufactured correctly, or if a design flaw causes them to, for example, overheat. Products that malfunction or are based on a faulty design aren’t the only products that can cause injury, however. That is to say, active malfunctioning isn’t the only problem. There are also products that are defective because they simply don’t do their job. When it comes to essential healthcare equipment and products such as breathing support systems or medicines, a defect could mean the difference between life and death.
What do You have to Prove to Obtain Compensation for Damages in a Products Liability Case?
There are a few elements that you must show to prove to recover damages. First, you must be able to prove that you were injured, or that you lost property. Second, you must prove that the item was defective; and then, third, you must show a direct relationship between the defect and the injury or property loss. Finally, you must prove that you used the item as an average consumer would, which is to say, the injury or property loss you sustained was the result of the defective product and not your misuse of a fully functioning product.
How Soon Do I Need To File My Claim?
The statute of limitations for products liability claims is two years. This means that within two years of the injury caused by the defective product, you must file the claim. Very few cases are heard by a judge when they are filed over two years after the incident.
Do I Need To Hire a Product Liability Lawyer?
There are a number of aspects that must be proven in order for you to win a products liability lawsuit and receive financial compensation for your injury or property loss. As such, it is important to have a products liability lawyer on your side. Proving causality is not as easy as it seems, and many manufacturers have experience in defending against products liability claims.
An attorney who is experienced in New Jersey and Pennsylvania products liability law will ensure that you provide the necessary documentation to prove beyond a doubt that the defective product was at fault, so you can receive financial compensation for all of your injuries and losses.
If you have been injured due to a defective product, know that our firm has supported clients across in towns across New Jersey and Pennsylvania in winning products liability cases. We at the Law Offices of Kamensky, Cohen & Riechelson know you expect products to work, and you expect to be compensated fully when they don’t and cause harm instead. Reach out to us at (609) 528-2596 or fill out our online form to schedule a free consultation to discuss your defective product injury and possible product liability lawsuit.