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Using household products should not send you to the emergency room. However, sometimes the product manufacturers develop products that are not fit for consumer use. Once you receive treatment for your injuries, call a dedicated personal injury attorney to discuss your options. A Mercer County defective products lawyer may be able to take on your case and fight to see that you are awarded the damages you deserve.
Defective Product Liability Claims in Mercer County
There are three ways a defective product liability can arise under New Jersey Product Liability Act, N.J.S.A. 2A:58C:
- Defective design
- Manufacturer defect
- Failure to warn
Defective Design Theory
To prove that a product’s design is defective, a plaintiff in Mercer County must show by a preponderance of the evidence that the product is not reasonably fit, suitable, or safe for its intended purpose. For strict liability under a theory of a product design defect, a plaintiff must prove that the:
- Product is defective
- Defect existed when the product left the manufacturer
- Defect caused the injury
- Plaintiff is a reasonably foreseeable user
The New Jersey Supreme Court found in, Zaza v. Marquess & Nell, Inc., 144 N.J. 34, 49 (1996) states that the test in a design defect case is whether the manufacturer acted in a reasonably prudent manner in designing and creating a product.
How Does the Law Define a Manufacturing Defect?
A manufacturing defect is one that departs from its original design. Here, the defect is unplanned and the manufacturer did not intend for the product to function in an irregular manner even though the manufacturer may have taken steps to prevent this issue from occurring. Essentially, there was a mistake during the manufacturing process but under normal circumstances, the product would be safe. Get in contact with a Mercer County defective products lawyer for more information.
Failure to Warn
A failure to warn claim is not based on the product itself being defective but rather occurs when a manufacturer fails to warn users that the product can be potentially harmful and cause injury. Due to the fact the manufacturer fails to warn a consumer, the product is deemed defective or not safe for its intended purpose. Further, under N.J.S.A:58C-4, some manufacturers in and around Mercer County are under a duty to warn as compared to other manufacturers in the same field where the presumption is the knowledge of one manufacturer is the knowledge of all manufacturers.
What is the Deadline to File a Claim for Defective Products in Mercer County?
New Jersey has a two-year statute of limitations to file a defective products personal injury claim. If you file a claim outside of that time frame, you may not be able to recover compensation for your injuries.
In New Jersey, an injured party can make a claim to recover medical expenses, lost wages, and pain a suffering. Because injuries associated with a defective product claim can vary, a Mercer County lawyer can advise you on the types of damages that you may seek based on your unique situation.
Importance of a Mercer County Defective Products Attorney
A defective products liability case can be difficult to file and see through to the end without having prior knowledge of the defective product liability law. A skilled Mercer County defective product lawyer can help you navigate through this difficult process. Contact us today to learn more.