Product Liability Lawyers in New Jersey
Defective products can often cause injuries. If you or a member of your family has sustained an injury while using a defective product then you should contact Gencarelli & Rimassa Law. The New Jersey-based personal injury law firm has extensive experience with defective product liability cases. Their team of expert attorneys will work with you and your family to ensure any responsible party is held accountable for any injuries their product has caused.
What Is A Defective Product?
A defective product is a terminology that applies to any item that through the result of a defect has caused damage or injury when being used. The injury can be caused because there is a flaw in the design or manufacturing of the product making it defective. The term also applies to products that are defective because they have been provided to you without proper instruction or safety warning. Consumers have the right to expect that any product they purchase is reasonably safe and functions correctly. When this is now the case a product can injure, harm, or kill consumers. It is the responsibility of designers, manufacturers, wholesalers, and retailers to ensure their product is not defective and liable to cause harm or injury.
What Types Of Defective Products Are There?
A product is any tangible item that may be used by a consumer. This includes but is not limited to, food and drink, drugs, vehicles, tools, children’s toys, clothes, or home appliances. Most defective products fall into one of three major categories.
From initial conception, the product is inherently unsafe and the flaw is within the design of the product and not how it was manufactured. Often designs in the packaging (for instance childproof caps for harmful substances) fall into this category
The product has been designed safely but a fault within the manufacturing process has made the product unsafe.
Marketing Defects/ Incorrect or Absent Instructions or Warnings.
The product and its packaging do not provide appropriate warnings or instructions on its safe use.
How Will An Attorney Pursue My Claim
Defective product liability is usually pursued in one of the following ways.
Breach Of Warranty. If a manufacturer or distributor has provided a written or implied guarantee that the product is free from defects then any defect breaches this warranty.
Strict Liability. Strict liability is used when the attorney seeks to prove that the item was defective and the defect resulted in injury or harm. Strict liability does not apportion fault.
Negligence. Negligence cases are pursued when a responsible party was aware or should have been aware that a product was unsafe and did not take any reasonable actions to mitigate the danger or prevent the faulty product from being used in an unsafe condition.
What Can I Claim For?
Compensatory Damages. You will be reimbursed for any expenses the defective product caused. These may be costs of property damage or medical expenses for example.
Pain and Suffering Damages. This is a value arrived at by your attorneys to compensate for any pain and suffering caused.
Loss Of Consortium. This is a payment to account for any damage the incident may have caused to your relationship with a spouse or partner.
Punitive Damages. These are a payment levied on the responsible partner to punish them as a way of making an example out of their misconduct and to deter others from acting in the same manner in the future.
Depending on the injury or harm the product has caused, you may be able to recover the following costs by appointing Gencarelli & Rimassa Law to pursue a defective product claim. If you believe you could be due any damage payments then do not hesitate to get in touch with defective product lawyers who can advise on your next steps.