Injured by a Defective Product?
New Jersey Product Liability Attorney for Personal Injury Victims
Consumers have a right to expect that the products they purchase and use are safe. Unfortunately, despite regulations and industry standards related to creating safe products, the large corporations that make big profits manufacturing and selling products continue to cut corners. They continue to produce and market items they know, should know, or have real reason to believe are defective and dangerous. As a result, people continue to suffer serious injuries from unsafe products and devices.
If you or someone you love sustained a serious injury from a defective device, a New Jersey product liability attorney from our law firm may be able to help. At Keefe Law Firm, our lawyers have experience helping injury victims get the compensation they deserve from negligent companies. In the past, our team was part of a successful national class action product liability case for manufacturing defects found in car tires. We have also helped clients obtain multi-million dollar settlements for defective medical devices. In addition, our founding partner John Keefe, Sr. coauthored a leading treatise on product liability law in 2005.
Our lawyers have experience with cases involving:
- Defective Stroller Injuries
- Automobile defects
- Aviation parts and equipment
- Construction site tools and equipment
- Contaminated food products
- Dangerous toys
- Defective medical devices
- Defective joints
- Defects in machines and tools
- Heavy machinery
- Household appliances
- Industrial equipment
What are the Different Types of Product Defects?
Anything you buy or use, from car tires to appliances to children’s toys, can potentially cause injuries if it has product defects. In general, regardless of the product involved, all defects fall into one of three main categories, depending on where the flaw originated. The three main types of product defects are:
- Design Defects. Sometimes, a product may be flawed from the start due to a design defect. For example, an improperly designed hip implant may fail even if manufactured exactly to specifications using quality materials. In cases involving these defects, an entire product or line of products may be deemed dangerous.
- Manufacturing Defects. These defects result from an error in physical production. When companies neglect product safety standards or fail to perform safety checks, a manufacturing defect often results. For example, a tire company may choose to use substandard materials in their tires because it is cheaper. These materials are often weaker, making tires prone to blowouts.
- Failure to Warn or Incorrect Labeling. If a manufacturer knows that a product may cause injuries due to its design and function, that company must warn users of the danger. Generally, this rule only applies to products with potential dangers that are not obvious. For example, a knife manufacturer would not have to warn that a sharp blade may cause cuts.
What Should I Do If I Was Hurt by a Defective Product?
If a product defect causes you harm, you may be able to recover compensation for the cost of your medical bills, lost income and other damages. If the Food and Drug Administration (FDA) or the manufacturer issued a product recall, you may be able to get compensation without filing a case. However, these settlement offers are usually low. Depending on which types of product defects are to blame, you may be able to file a lawsuit against the product manufacturer or retailer, as well as any contract companies involved, to get fair compensation.
For a successful product liability case, your product liability attorney must have evidence that shows:
- The product is actually defective. You must prove that a defect, whether in manufacturing, design or labeling, actually exits. For this, the best evidence is the dangerous product itself, so do not throw it away or attempt to repair it.
- The defect caused your injury. Sometimes, even if a product is defective, it may not be the actual cause of your injuries. For example, even if your car has recalled tires, if you cause a crash while texting and driving but the tires did not fail, you cannot blame the tires. Similarly, if a defective product malfunctions but you are unhurt, you likely do not have a case under product liability law.
- You used the product as intended. If you are hurt while using a product for something other than its intended purpose, you probably cannot file a product liability claim. Manufacturers are only required to ensure a product is safe for its reasonably expected uses.
Injured by a Dangerous Device? Contact a New Jersey Product Liability Attorney
If you need help after an injury caused by product defects, our law firm may be able to help. Our product liability lawyers understand how big companies handle these cases because we have fought against them before. We have experience handling claims involving defective drugs, medical devices and product recalls. If you have questions about product liability law or about a specific product defect, we have answers.
We have offices throughout New Jersey, including Red Bank, New Brunswick and Newark. Call or fill out an online contact form to schedule a free consultation with a product liability attorney today.