Product Liability FAQs in New JerseyRequest a Free Consultation
What is product liability?
The legal liability of manufacturers, sellers, and other entities that make products available for the public for injuries and damages that result from defects in those products. Speak to a defective product lawyer in Cherry Hill today.
What is the New Jersey Products Liability Act?
The New Jersey Products Liability Act (N.J.S.A. 2A:58C-1 et seq.) sets forth legal standards for liability claims in NJ.
What types of products can be subject to product liability claims in New Jersey?
Any time of product can be subject to product liability claims in NJ, including consumer goods, medical devices, and industrial equipment.
Can a product liability case be based on injuries sustained from a prescription drug?
Yes, injuries sustained from a prescription drug can be the basis for a case.
Does strict liability apply to all types of product liability cases in NJ?
Strict liability applies to most product liability cases, but there are some exceptions, such as cases involving certain medical devices.
What are the three types of defects that can give rise to a product liability claim in NJ?
Manufacturing defects: A defect that occurs during the manufacturing process and makes a product different from its intended design (example)
Design defects: A flaw in a product’s design that makes it inherently dangerous (example).
Warning defects: A failure to provide adequate warnings or instructions about a product’s dangers.
What is the statute of limitations for product liability claims in NJ?
The statute of limitations is generally two years from the date or injury or discovery of the injury.
What is the legal basis for product liability claims in NJ?
Negligence: A failure by the manufacturer, distributor, or seller to take reasonable care to ensure that the product is safe for consumers to use.
Strict Liability: The legal responsibility of a manufacturer, seller, or distributor for injuries caused by a product, regardless of whether they were negligent.
Breach of Warranty: A failure by the manufacturer, distributor, or seller to fulfill the terms of a warranty or guarantee made to the consumer. A case can be based on breach of warranty if the plaintiff can demonstrate that the product did not perform as warranted and that breached caused the plaintiff’s injury.
What is the difference between express and implied warranties?
An express warranty is a warranty that is explicitly stated by the manufacturer, distributor, or seller, while an implied warranty is implied by law, such as the warranty of merchantability. The warranty of merchantability is an implied warranty that a product is fit for its intended purpose and is of a quality that is typical for products of its kind.
What damages can I recover in a product liability case?
You may be able to recover damages for medical expenses, lost wages, pain and suffering, and other losses related to the injury?
What is the burden of proof in a product liability case?
To prove a product liability case, you will need to provide evidence such as medical records, expert testimony, and product testing results.
Can I still recover damages if I was partially at fault for my injury?
In New Jersey, you may still be able to recover damages, as NJ follows a modified comparative negligence system. This means that your damages may be reduced by your percentage of fault for the injury, as long as you are not to be found more than 50% at fault.
Can a plaintiff recover punitive damages in a product liability case in New Jersey?
Yes, if the defendant’s conduct was particularly egregious.
Can I file a product liability lawsuit if I purchased the product used?
You may still be able to file a product liability lawsuit if you purchased the product used, as long as the defect that caused your injury existed at the time the product left the control of the manufacturer, distributor, or seller.
Can I file a product liability lawsuit if the product was not purchased in New Jersey?
In some cases, you may still be able to file a lawsuit even if the product was not purchased in NJ; however, the specific circumstances of your case will determine whether this is possible.
Do I need an attorney to file a product liability lawsuit?
While you are not required to have an attorney to file a product liability lawsuit in NJ, it is highly recommended. Product liability cases can be complex, and an experienced attorney can help you navigate the legal process and maximize your chances of recovering damages. Don’t hesitate to call a Cherry Hill injury lawyer as soon as possible.
How much will it cost to hire an attorney for a product liability case in NJ?
Many product liability attorneys in NJ work on a contingency fee basis, meaning you will not pay any upfront costs and the attorney will only receive a percentage of your recovery if you win your case. Grungo Colarulo operates on a 33.3% contingency fee.
Can I file a class action lawsuit for a product liability case?
Yes, you may be able to file a class action lawsuit for a product liability case if there are multiple consumers who have been injured by the same product.
What is the process for filing a product liability lawsuit in NJ?
The process for filing this lawsuit typically involves filing a complaint, engaging in discovery, participating in settlement negotiations, and if necessary, going to trial.
What is discovery in a product liability lawsuit?
Discovery is the process by which each side in a lawsuit gathers information about the case, such as witness statements, documents, and expert reports.
Can a product liability case be settled out of court?
Yes, it can be settled out of court through negotiation between the parties involved.
What is the statute of repose in a product liability case in New Jersey?
The statute of repose imposes restrictions on the period during which a product liability claim can be filed. It is the amount of time a plaintiff has to file a claim against a manufacturer or seller of a product for any damages or injuries resulting from the use of that product. In product liability cases in New Jersey, it is generally 10 years from the date the product was first sold.
Can I file a product liability lawsuit on behalf of a deceased loved one?
Yes, you may be able to file a product liability lawsuit on behalf of a deceased loved one in NJ through a wrongful death claim. Call a wrongful death lawyer in Cherry Hill today.
What is the difference between a product liability lawsuit and a personal injury lawsuit?
While product liability lawsuits and personal injury lawsuits both involve injuries caused by another party, a product liability lawsuit specifically involves injuries caused by a defective product.
Can I file a product liability lawsuit on behalf of a deceased loved one?
Yes, you may be able to file a product liability lawsuit on behalf of a deceased loved one in NJ through a wrongful death claim.
Here are some high-profile product liability cases.
Johnson & Johnson (Talcum) Baby Powder Lawsuits: J&J faced several lawsuits in New Jersey related to their talcum powder products. Plaintiffs alleged that the talcum powder contained asbestos, which led to an increased risk of developing cancer. In 2018, a New Jersey jury awarded $117 million in damages to a plaintiff who claimed the talcum powder caused his mesothelioma. Another plaintiff was awarded $417 million after claiming this product caused her ovarian cancer after using it for approximately 40 years.
Ford Rollover Lawsuits: The company has dished out billions to settle cases of death and extensive injuries caused by their vehicles. Ford Motor Co. paid $246 million in punitive damages to a California woman who was paralyzed when her sport-utility vehicle rolled over.
Merck Vioxx Lawsuits: The pharmaceutical company Merck faced several product liability lawsuits related to their painkiller, Vioxx. Plaintiffs alleged that Vioxx increased the risk of heart attack and stroke, and that the company had failed to adequately warn consumers about the risks. In one New Jersey case, a jury awarded $47.5 million in damages to a plaintiff who suffered a heart attack after taking Vioxx.