New Jersey Product Liability Lawyer

Product Liability Attorneys in New Jersey

We all use dozens – if not hundreds – of consumer products every day of our lives. From the coffee maker you use every morning to the pillow you sleep on at night, part of living in modern society is using products that were designed and manufactured by other people and companies.

Unfortunately, when these products are somehow defective, they are often capable of causing extremely serious injuries. At Varcadipane & Pinnisi, P.C., we know how to help victims of defective consumer products get the compensation they deserve under the law. Contact our office today to set up a free case evaluation with an experienced New Jersey product liability lawyer.

Table Of Content

• Products that Commonly Cause Injuries
• Common Household Dangerous Products
• Types of Product Liability Claims
• The Duty of Product Manufacturers
• Taking on Product Manufacturers
• What if the Defective Product Was Manufactured Overseas?
• Can I File a Claim if I Didn’t Use the Product According to Instructions?
• Compensation for Damages Resulting From Defective Products

Products that Commonly Cause Injuries

When you think of dangerous consumer products, you may think of things like power tools, vehicles, or other products that can cause extremely serious injuries. While these products can certainly be dangerous, the reality is that virtually any consumer product can cause injuries if they are defectively designed, manufactured, or marketed. Some examples of consumer products that commonly cause injuries include:

• Appliances
• Cosmetics
• Furniture
• Toys and other children’s products
• Food and other consumables
• Pharmaceutical products and medical devices
• E-cigarettes and vape pens
• Electronics
• Recreational equipment
• Vehicles

This is, of course, not an exhaustive list of potentially harmful products, as nearly any product can malfunction and cause accidents. When this happens, you want a product liability attorney to evaluate your accident and advise whether the manufacturer of the product should be held liable.

Common Household Dangerous Products

Take a walk through your home, and you’ll probably see many products that could pose a threat if they’re defective. Nearly 13 million people suffered injuries requiring emergency medical treatment associated with everyday products in 2022.

Some of the household products that could pose serious dangers if defective include the following:

Electrical Appliances

Faulty wiring or design flaws in products like toasters, microwaves, space heaters, and hair dryers can lead to electrical fires or shocks, putting both property and lives at risk. Even seemingly minor defects in these appliances can become significant safety hazards if left unchecked.

Children’s Toys

Toys with small parts that can break off, including buttons, beads, or detachable accessories, pose a significant choking hazard to young children. In addition, toys made with toxic materials, such as lead-based paint or harmful chemicals, can have long-lasting health implications, affecting physical well-being and cognitive development.

Home Improvement Tools

Power tools such as chainsaws, drills, and power saws are indispensable for do-it-yourselfers and professionals. However, when these tools malfunction or lack adequate safety features like blade guards or automatic shut-off mechanisms, the consequences can be catastrophic, resulting in severe lacerations, amputations, or even death.

Medications and Supplements

Defective pharmaceuticals or contaminated supplements can have severe consequences for a person’s health. From adverse reactions to ineffective treatments, the risks of substandard medications extend far beyond physical ailments, impacting overall well-being and quality of life.

Are You Inside of the Time Frame to File a Lawsuit in NJ?

The statute of limitations for your personal injury case is 2 years. Exceeding it can severely limit or completely invalidate your legal options for seeking compensation. Act swiftly to ensure your rights are preserved and explore your legal recourse before time runs out, otherwise, the likelihood of pursuing your case successfully may diminish considerably. However, if your claim is against a public entity, your timeframe can be significantly shorter.

Types of Product Liability Claims

New Jersey has been at the forefront of product liability litigation for decades. The state’s Supreme Court was one of the first in the United States to hold a manufacturer responsible for a defective product.

Product liability claims typically fall into three categories:

Design Defects

These occur when a product is inherently flawed due to its design, making it dangerous even when manufactured correctly. Such defects can stem from inadequate research or testing during the product development phase, leading to unexpected consumer hazards. Examples include poorly designed children’s toys with detachable small parts or kitchen appliances with malfunctioning safety mechanisms, posing risks of injury or even death to users.

Manufacturing Defects

There are instances where a product’s design is sound, but an error occurs during manufacturing, resulting in a defective product. These defects often arise from mistakes or negligence in the assembly line, leading to deviations from the intended specifications. For example, a batch of medications may be contaminated due to unsanitary production conditions, posing serious health risks to patients who ingest them.

Failure to Warn

Manufacturers have a legal obligation to provide adequate warnings and instructions for the safe use of their products. Failure to do so can result in liability if a consumer is injured while using the product as intended.

This category includes situations where the manufacturer fails to adequately communicate the potential risks associated with product use to consumers, leading to preventable accidents or injuries. Examples include medications without clear dosage instructions or power tools lacking proper safety warnings, exposing users to unnecessary dangers.

A Varcadipane & Pinnisi, P.C. New Jersey product liability attorney will deeply understand all types of claims and know how the law applies to your specific situation.

The Duty of Product Manufacturers

Product manufacturers have the responsibility to make and sell products that are reasonably safe for their intended purposes. This includes having a proper design for the product that ensures it works properly, as well as meeting safety standards during the production of the product. This can mean having proper protocols in place for the production and inspection of products, using adequate materials, and having the right machinery, among other things.

Sometimes, no matter how well-designed or manufactured a product might be, it will still have inherent risks of injury when used properly. In this situation, a manufacturer must properly warn consumers of these risks. This allows consumers to make informed decisions about whether they want to use the product, as well as give them the notice that they should use certain caution with the product.

When manufacturers violate any of these duties and injuries result, the manufacturer should be liable for the harm caused. Some examples of duty violations that might lead to a product liability claim include:

• A pharmaceutical company fails to warn of a serious side effect that might result from taking the medication.
• A pharmaceutical manufacturer sells a product that has unreasonably dangerous ingredients, such as carcinogens that cause cancer.
• Vape companies market their products as safer than tobacco, but the product causes a wide range of respiratory injuries.
• An airbag company sells airbags to vehicle companies, and the components of the airbag are inadequate, causing it to explode upon deployment.
• A crib for infants is not designed properly, presenting the risk of a collapse, which can seriously injure or kill the baby.
• A company sells toys without proper choke-risk warnings or age recommendations.
• A corporation markets safety equipment that does not sufficiently protect a user in expected situations.

As you can see, product liability claims can arise from many varying situations, and it is always wise to have a lawyer assess your rights as an injury victim.

Taking on Product Manufacturers

Product designers, manufacturers, retailers – and their insurers – are well aware that they can incur significant liability in the event of an accident and are ready to defend against claims at the drop of a hat. Not only do parties operating in the consumer product space carry significant liability coverage, but their insurance companies have armies of certified attorneys whose sole purpose is to deny claims or settle cases for as little as possible.

For this reason, if you believe you have a product liability claim, it’s in your best interest to retain an experienced New Jersey product liability lawyer as soon as you can after your accident. A lawyer familiar with product liability litigation will be able to evaluate your claim and, if you have one, protect your rights during the claims process.

Some of the other steps you should take to protect your rights after an accident related to a defective consumer product include:

Seek Medical Attention

You should always seek medical attention after suffering an injury related to a defective consumer product – even if you think your injuries will heal on their own. It’s important to have a healthcare professional document your injuries so you have evidence that can support your claim.

Do Not Throw Anything Away

If a consumer product causes injuries, your first instinct may be to get it out of your home as quickly as possible. Unfortunately, doing so may hurt your chances of getting the compensation you deserve. Keep not only the product itself but also any packaging, instructions, or other ancillary material that comes with it. They all may be relevant to your claim.

Do Not Accept a Settlement Offer

After an injury caused by a defective consumer product, the liable party or their insurance company may make a settlement offer before you have a chance to talk to a lawyer. Do not accept it. Initial offers are almost always much lower than claims are actually worth, and once you accept an offer, it is nearly impossible to obtain more compensation for the same incident. As a result, it’s in your best interest to consult with a product liability lawyer before accepting any offers.

What if the Defective Product Was Manufactured Overseas?

Companies are producing more products than ever overseas and shipping them to the United States. While this trend often results in cost savings for companies due to lower labor and production costs, it also presents unique challenges in product liability cases.

One of the primary hurdles is that multiple parties from different legal systems may be involved in the manufacturing and distribution process. This can complicate determining liability, as laws and regulations vary across jurisdictions, and obtaining evidence from overseas entities may prove challenging.

However, despite these complexities, it’s crucial to recognize that US law can still hold manufacturers – regardless of their location – accountable for defective products. In addition, international treaties and agreements may provide mechanisms for cross-border legal cooperation, helping victims of defective products manufactured overseas pursue justice.

The New Jersey product liability lawyers with Varcadipane & Pinnisi, P.C. will work to hold the manufacturer of a defective product accountable – regardless of where they’re based.

Can I File a Claim if I Didn’t Use the Product According to Instructions?

Some people think they can’t sue the manufacturer for a defective product if they fail to follow instructions or warnings. But that’s not the case. You can still take action.

Manufacturers must provide clear, comprehensive instructions and warnings. If you don’t follow those instructions in the letter, you could still sue if the product is unreasonably dangerous – even when used correctly. Manufacturers must anticipate foreseeable errors or misuses in product usage. They must also take the proper measures to reduce potential risks.

Every New Jersey product liability lawyer with Varcadipane & Pinnisi, P.C. knows the many factors that help determine a claim’s validity. Even if you didn’t use the product correctly, that doesn’t absolve manufacturers of their responsibility to produce safe and properly labeled products.

Compensation for Damages Resulting From Defective Products

Beyond covering medical bills, you could also seek compensation for lost wages due to time lost from work for recovery or treatment. You could also pursue compensation for not only the physical pain you’ve endured but also for the emotional anguish and diminished quality of life resulting from the injury.

How Can a New Jersey Product Liability Lawyer Help You?

A skilled Varcadipane & Pinnisi, P.C. New Jersey product liability lawyer can help in many ways, including the following:

• Evaluate your case to determine its strengths and weaknesses and recommend the most effective course of action.
• Gather evidence, consult with industry experts, and construct a strategy designed to maximize your chances of success.
• Negotiate a settlement with the manufacturer to obtain fair compensation for your damages.
• Present a compelling case to the court if the manufacturer refuses to do what’s right.

Your Varcadipane & Pinnisi, P.C. New Jersey product liability lawyer will guide you through every step of your case, explaining all your legal options and answering your questions.

Contact a New Jersey Product Liability Lawyer

If you have suffered injuries in an accident involving a consumer product, you should call Varcadipane & Pinnisi, P.C. as soon as you can. Our experienced product liability attorneys in New Jersey will review your case and determine whether you have a claim. If you do and you choose us to represent you, we will never collect legal fees unless we win your case.

To schedule a free consultation with one of our New Jersey personal injury lawyers, call our office at (800) 616-2916 today or send us an email through our online contact form.

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