You can face medical complications, injuries and damage due to malfunctioning or defective products. In such cases, you have the right to sue the seller or the manufacturer, or both for a Jersey product liability claim.
Such accidental circumstances can affect your life, work, and day-to-day activities. Additionally, product malfunctioning can often be life-threatening. Serious injuries also result in financial drainage.
Therefore, to recover these physical and financial losses, you can have a product liability claim.
In this article, we will talk about everything you need to know before suing a seller or manufacturer for such damage-inflicting product malfunctions.
What Are The Different Product Liability Lawsuits
Product liability lawsuits can be divided into three fundamental categories—
You can sue for defective designs when the design of the product is such that it could pose a threat to the user. This issue does not consider the manufacturer’s role but directly points to the design issues. New Jersey product liability lawyers are ready to fight for you today.
To make a claim for the defective product design, you need to prove the following:
- The product design is riskier than its utility.
- There was space for alternative designs that could have eliminated the risks.
A manufacturing defect indicates that the product was built or assembled carelessly without following design instructions. There can be missing parts, usage of low-quality materials, inexperienced workers or other issues from a manufacturer’s end.
For defective manufacturing claims, you need to prove the following:
- Considerable deviations of the product from its design.
- Present identical products without defects to prove the mistakes.
Issues With Marketing And Warning
If there’s a missing warning label or inadequate instructions for use, the consequences fall under defective marketing or failure to warn claims.
To make a faulty marketing and warning claim, you need to prove the following—
- Present the product packages to show how they missed any adequate warning.
- Take note of the faulty marketing campaigns that failed to address the warnings.
How Much Time Do I Have To Claim Defective Product Liability?
According to New Jersey’s defective product liability statute, a victim can sue the manufacturer/seller/designer within two years of time from the injury.
If you fail to make your claim within this two-year time period, it’s possible that you’ll be permanently banned from suing anyone for defective product liability.
It is also important that you take this legal advice from a proclaimed attorney. It can ensure that your claims will be paid by the faulty party sooner.
However, in any case, the sooner you bring the issues to your court’s attention, the better your chances of getting your losses compensated.
What Economic Losses Can I Claim For?
In the case of product damage liability cases, you can claim for the following economic losses—
Medical expenses on hospital bills and medicines will be covered under this category. You will have to produce all your bills to the court in order to recover the costs.
Employment Remuneration Loss
When you face serious injuries, you might have to discontinue work or take leave for recovery. All wages and salaries lost at this time will be compensated by the manufacturer/seller/marketer at such times.
Pain And Suffering
This is a non-monetary compensation, however, an extremely important one. Therefore, this part of the claim would need an experienced lawyer.
Your case will be conducted according to the extent of your injuries and the compensations received by others who faced similar incidents in the past.
It is common that defective products cause more damage to properties than directly affecting the health or well-being of the user.
In case of property damage, you can show considerable reasons for compensation and you will get your claims back.
Loss Of Consortium
There are times when buying or using a defective product can cause unrest and even divorce between married couples.
In such cases, the product manufacturer/seller/marketer is fully liable to compensate for the loss. This is also a non-monetary lawsuit.
To wrap it up, it’s important that you understand the importance of a good, reputed and experienced attorney for running your damages product liability cases. Someone with prior experience can make your case stronger with proof against the product teams from the past or by drawing parallels with other similar cases. Note, if you’re facing similar issues with a product, its design or inadequate marketing campaigns in New Jersey, file your claims as soon as possible. This would protect you but others as well who might use the same product Jersey.
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