Commercial retailers, designers, and manufacturers have a legal duty to ensure the products they profit from are safe for their intended use. If an unsafe or defective commercial product injured you, our experienced products liability lawyers can hold each entity in the supply chain financially responsible.
Discuss your claim with the Ginsberg & O’Connor defective and dangerous product team for free by calling 856-727-1991 or contacting them online.
Understanding Products Liability Cases in New Jersey
Product liability claims are personal injury cases alleging that you suffered an injury or illness after using a product that was not fit for its intended purpose. Product liability can be based on negligence, such as unintentional misprints on allergen warning labels, or recklessness – meaning the liable party had a flagrant disregard for human life and safety. These cases fall into the following categories:
Design Defects
Design defect cases involve allegations that the product, though manufactured correctly, was improperly designed. Design defect cases commonly include children’s products, medical devices, and automobiles, including:
- Children’s dressers/furniture posing tipping hazards
- Kids’ clothing designed with flammable materials
- Infant toys with choking hazards
- Toxic breast implants
- Vehicles prone to rollovers and gas tank explosions
- Factory machinery and power tools lack safety guards and features
- Dangerous pharmaceuticals
Everything from airplanes to sippy cups can be subject to design defect claims.
Manufacturing Errors
Even if the product is designed safely, some claims involve manufacturing defects. Manufacturing and assembly defects occur when products are assembled incorrectly or when materials are flawed/contaminated. For example, an otherwise safe baby formula contaminated by unsanitary factory conditions causes kidney damage to innocent children in New Jersey.
Failure to Warn/Improper Marketing
These claims involve the company’s failure to provide the safety warnings necessary to protect the reasonable consumer. They can also include claims that a product was subliminally marketed to children – such as flavored vapes – but was not safe for that age group. You need an experienced products liability lawyer in NJ to help you prove failure-to-warn claims, as they are very subjective. For example, chocolate companies must warn consumers about common cross-contaminants such as peanuts, but laundry detergent companies do not generally have to warn consumers not to eat soap pods.
Holding Negligent Distributors Responsible for Defective Products
Products liability is strict in New Jersey and allows claimants to recover damages from the product designer, manufacturer, and retailer regardless of intent. Even if the retailer thoroughly vetted its children’s products, it is still liable if a negligently designed dresser tips over onto a toddler. The burden then falls on the retailer to recover damages from the designer, giving innocent consumers an avenue to obtain quick, necessary compensation for their medical bills, lost wages, and pain.
Mount Laurel Product Liability Lawyers
At Ginsberg & O’Connor, we’ve successfully recovered significant compensation for New Jersey residents injured by dangerous products – including those exposed to toxic chemicals and mold. Our dedicated products liability attorneys are currently representing clients who we allege developed cancer after being exposed to PCBs contained in ceiling tiles. Schedule a free and confidential consultation with our products liability team today. Contact us online or call 856-727-1991.