What Is Product Liability?
A manufacturer or seller that allows consumer access to a defective product is liable for reprimand. This is considered product liability. All product sellers in the distribution chain are responsible for any product defect that causes injury. The law requires that a product meet the ordinary expectations of an average consumer. The product cannot meet the ordinary expectations of a consumer if said product has an unexpected defect or danger.
Types of Product Defects
A plaintiff in any product liability case must prove the product that caused" their injury was faulty and that this defect made the product unreasonably dangerous. Three types of product defects might cause harm and give a reason for the manufacturer or supplier to be held liable:
- Design Defects: Design Defects are present in a product's design and have nothing to do with the manufacturing process. The design of the product is essentially unsafe.
- Manufacturing Defects: Manufacturing defects occur during a product's manufacture and could result from a compromised machine used to assemble it.
- Marketing Defects: Marketing defects include flaws in the marketing of the product, such as inadequate instructions, incorrect labeling, or insufficient safety warnings.
Do You Have A Valid Claim?
To bring a claim for a defective product, you must prove that you were injured and that the injury was a result of the defective product. You also must prove that you were using the product in the manner it was intended. This does not mean, however, that how you used the product when you were injured must conform precisely to the manufacturer's specifications. If a manufacturer could reasonably expect an ordinary consumer to use the product in the way you used it, manufacturers met this requirement.
Free Initial-Consultations with Experienced Personal Injury Attorneys
Making sure that your defective product claim includes all of the essential elements required in New Jersey can be tricky. Call Radano Orecchia, LLC, at 856-538-2500 for a FREE consultation with one of our attorneys who will advise as to whether you have a valid claim.