Categories of Products Often Involved in Injury Cases

The three primary types of product defects and hazards that lead to injuries among consumers, patients, and workers are:

• Manufacturing defects – In these cases, there are no issues with the product’s design, but rather an individual unit or series of units have been manufactured in a way that makes them unsafe for use. For example, a car tire blows out while a motorist is driving because a defect occurred while the product was in production.
• Design flaws – The product is properly manufactured but contains an inherent design defect. For instance, a lawnmower’s design included a guard that allowed the user’s feet to  come into contact with the blades.
• Inadequate warnings – A product manufacturer fails to include sufficient safety warnings related to the use of the product or doesn’t warn the public if a defect is later discovered. For example: a certain toy is unsafe for children below a certain age, but the manufacturer doesn’t include a warning label specifying its intended age range.

If you were harmed after using a product because of a manufacturing defect, design defect, or insufficient warning, you should speak with a Pellettieri Rabstein & Altman product liability lawyer to learn about your rights and legal options.

Determining Liability for Injuries from a Dangerous or Defective Product

New Jersey applies strict liability to products liability cases. Under New Jersey state law, manufacturers have a responsibility to make and sell products that are “reasonably fit, suitable, and safe” for use. For a product liability claim to succeed, the plaintiff only needs to prove that it is more likely than not that  the product was not safe. This could be due to a manufacturing flaw, a design defect, or insufficient warning labels.

This is significant because most personal injury cases cannot succeed unless the injury victim proves that the defendant named in the case was negligent, reckless, or behaved in intentionally harmful ways. In New Jersey, it is the unsafe nature of the product in question that is key, not the conduct of the defendant that is at issue.

What You Should Do If Harmed by a Defective Product

If you were harmed by a defective product, you should take the following steps to protect your rights:

• Seek prompt medical attention.
• Gather evidence. You should keep the defective product and any documentation associated with it, including purchase receipts. All of these can be used as evidence to support your case against the manufacturer, or any other defendant named in your case.
• Document your recovery. Keep a journal in which you describe your level of physical pain throughout your recovery. This document can help your attorney calculate a numerical value for your non-financial losses.
• Stay off social media. Avoid posting about your accident, injuries, claim or lawsuit on social media until it is resolved. Claims adjusters are known to follow injury victim’s social media pages or ask for them in discovery, looking for anything they can use to reduce or deny claims.
• Consult with an experienced Pellettieri Rabstein & Altman product liability lawyer as soon as possible to explore your legal rights and options.

How Our Product Liability Lawyers Help Injured Consumers

The New Jersey product liability attorneys at Pellettieri Rabstein & Altman fight tirelessly for the financial recovery our clients deserve. We have a century-long long track record of success in helping injured people get their lives back on track. We want to do the same for you. If you hire us, we can:

• Thoroughly assess your case and quickly collect evidence to back up your claim
• Identify all potentially liable parties
• Engage the best expert witnesses
• Negotiate with the manufacturer’s insurance company and lawyers
• Try your case in court if a settlement can’t be reached
• Remain in regular communication with you and keep you updated on all critical developments in your case

How much does it cost to hire a personal injury lawyer?

At Pellettieri Rabstein & Altman, we do not charge you any fees upfront to start work on your personal injury case. We will review your case for free, with no obligation to you. If we believe you have a claim for compensation, we will do all the legal legwork with no out-of-pocket cost to you. When we recover compensation for you, our fee then comes as a percentage of that. If we don’t win, you don’t pay us. It’s that simple.