How A Product Liability Lawyer Helps Victims Of Unsafe Products
A product liability lawyer represents victims injured by defective or unsafe products. Every year, such items injure thousands of people. What are the legal rights of a victim of a defective product in New Jersey?
The Legislature has passed the Products Liability Act. Under that law, a company that sells or manufactures a product must compensate a victim injured by that product. But only if the victim can prove certain things.
The victim has to prove that he was harmed by the product. The victim also has to prove that the product was not reasonably fit, suitable or safe for its intended purpose. A victim can prove those things by any one of three methods.
Three Ways a Product Liability Lawyer Can Win a Case
The first method is to show that the product had a manufacturing defect. In other words, the manufacturer didn’t build the product in accord with the manufacturer’s own specifications.
The second method is to prove that the product lacked suitable warnings on how to avoid injury.
The third method is to show that the manufacturer’s own design for the product was unsafe.
Even if the victim’s product liability lawyer can prove one of the above facts, that doesn’t mean that the victim wins. There are defenses available to a manufacturer or seller. These are the three main defenses.
First, if the company can prove that there was no other way to design the product without making it useless. But the company cannot use this defense if the product was ultra-hazardous, or not useful, to begin with.
A second defense would be that a reasonable person who uses the product should realize that it’s dangerous. For example, someone who uses a hammer should realize that, if you hammer your thumb, you might break it.
A third defense would be that the instructions contained an adequate warning about the dangers of the product.
The Products Liability Act is quite complicated. I’ve only provided a brief overview. I hope to write about further aspects of this law in future posts.
What To Do If a Defective Product Injures You.
If a defective product ever injures you, you should consult a product liability lawyer immediately. The law limits the time for you to take action. Accordingly, if you do not take proper legal action in time, you will not be able to receive compensation.
The New Jersey Products Liability Act is found here.