• May
    01
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    Holding Manufacturers Accountable: Proving a Product Defect in New Jersey

    When an injury happens when using a product, it isn’t necessarily your fault but may have been due to the product itself. New Jersey has laws in place to protect consumers and to hold manufacturers accountable for any defective products they put into the marketplace. These regulations ensure the manufacturers have good reason to keep everything to the letter of the law.

    Product Defects in New Jersey

    The New Jersey Product Liability Act, passed in 1987, outlines many of the protections available for consumers in the state, along with consumers outside of the state that are seeking compensation from manufacturers that are located and create their products in New Jersey.

    The main aspect of a products liability case stems from how the product was used. The jury will look at how a reasonable person the same situation would have used the product. This means if you used a tool for the wrong purpose and were injury, you may not qualify for compensation, or may receive far less compensation as a result. However, if the product was used as intended, there is likely a good case for a product defect.

    Some of the defects covered under the NJPLA include:

    • Design Defect. If the product was manufactured as it was intended, and the consumer used the product as instructed, the defect is likely in the design.
    • Inadequate Instructions or Warnings. When a danger is not outlined in the instructions, consumers are put at risk. Manufacturers have a duty to put proper instructions and outline risks of use for every product. When a consumer suffers an injury they were not properly warned about, unless the danger is obvious, they may have a case.
    • Manufacturing Defect. When manufacturing large amounts of products, some are sure to turn out with some defects. When the product comes with a defect that deviates from the intended design, there has been a manufacturing defect. For instance, furniture may be well-designed, but could have been assembled in such a way that causes an injury.

    If you have been injured while using a product properly, you may be entitled to compensation. Contact our team of South Jersey product liability lawyers at Jarve Kaplan Granato Starr today to find out if you have a case.

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