Mammano & Mulvihill, PC
Free Consultation: 856-336-5949 / 866-599-6461

Proving liability when you are injured due to defective products


When we buy a product, we are under the assumption that it is safe to use. The product can be anything that has been purchased and can include items such as medicines, food, toys, equipment and vehicles. The laws in New Jersey state that if any person suffers an injury due to a defective product the manufacturer or retailer can be held responsible under the law of product liability.

As mentioned in one of our blogs, the consumer must show negligence to prove product liability. In order to prove negligence, the consumer has to show that the manufacturer or the retailer was responsible for the incident and that they breached the responsibility entrusted upon them. In addition to this, the consumer also needs to show that a breach of duty to care led to the incident.

The test of reasonable foresight also holds an important role in product liability cases. For this test, it should be shown that the defect in the product was so prominent that any reasonable person could have predicted that it could cause injury.

The retailer and the manufacturer also have a responsibility to provide correct information related to the product. If they have intentionally provided misleading information about the product, and if the consumer purchased the product relying on the incorrect information, then the manufacturer or retailer can be held liable for misrepresenting the product. However, in such cases, the misinformation has a more pivotal role than the actual defect in the product.

When injured due to defective products, the victim suffers due to the carelessness of another, knowing that the injury could have been avoided if the manufacturer had followed the laws and checked the product for defects before releasing it into the market. When faced with such injuries, it is important that the victim focuses on recovery. The victim can also file a product liability lawsuit against the negligent parties to claim compensation for their losses. For more information on compensation in relation to such cases, please visit our personal injury webpage.

No Comments

Leave a comment
Comment Information