New Jersey Product Liability Lawyer

defective tire deflated

Have you been injured due to a defective or unreasonably dangerous product? If so, the designer, manufacturer, or another party in the supply chain might owe you compensation for the harm you’ve suffered.

Since 1929, the attorneys at Pellettieri Rabstein & Altman have been helping people who’ve been injured in New Jersey seek justice and fair compensation. We know how to hold manufacturers accountable for the harm their defective products cause innocent consumers.

Contact us today to speak with one of our product liability lawyers about your case and learn about your rights and options under the law.

What Is a Product Liability Case?

Products liability cases involve defective products. Companies that manufacture products must ensure that any items they market to the public are suitable for safe use or consumption. Unfortunately, some manufacturers fail in this duty and release unsafe products into the marketplace. Companies also sometimes fail to disclose the risks associated with using their products, even in cases where the manufacturer discovers a hazard or defect after it is already on the market and consumers are already at risk of harm as a result.

If you have been injured due to an unsafe product, you could have legal grounds to file a lawsuit against a product manufacturer or another party in the supply chain. Doing so could allow you to recover compensation for a wide range of losses, including medical bills, lost wages, reduced future income, pain and suffering, and diminished quality of life.

Categories of Products Often Involved in Injury Cases

defective airbag

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.

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Determining Liability for Injuries from a Dangerous or Defective Product

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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.

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Steps in a New Jersey Product Liability Case

Product liability cases have several stages. After seeking appropriate medical treatment, meeting with an attorney at our firm is the first thing you should do if you suspect a product that injured you is inherently unsafe. We can assess your situation and let you know if you have  grounds for filing a legal action.

If you choose to move forward, your attorney can conduct an investigation, including consulting an expert to obtain an opinion that the product was defective, and calculate the potential value of your claim. The next steps of a lawsuit generally involve:

Filing a complaint

The first step in a product liability lawsuit is to file a complaint in court against the defendant, which is then served on the manufacturer, retailer, or other entity that caused your harm. In the complaint, you will state your allegations against the defendant, and they will have an opportunity to respond. According to the New Jersey Courts, defendants have 35 days to respond to a complaint.


During discovery, the two opposing sides exchange evidence that they may use at trial. Witnesses and relevant documents will be disclosed during this time. This phase can involve both written discovery and oral depositions. Expert witnesses are also engaged and prepare reports with their opinions.

Negotiation and Mediation or Arbitration

During mediation, a mediator will attempt to help the two parties reach a settlement agreement before a trial begins. Many lawsuits settle in mediation. Sometimes the court requires arbitration where a volunteer panel of attorneys hear a summary of the evidence from each side and render a decision which any party may reject, in which case the case proceeds to trial. Attorneys representing the interested parties will generally try to negotiate a settlement before taking a matter to trial.


If you are unable to reach a settlement with the defendant, the case will proceed to trial. Once both sides have presented their evidence, the jury will render a verdict. While it is common for personal injury and product liability cases to settle before a lawsuit is ever filed, sometimes litigation (i.e., pursuing a lawsuit) is the only way to recover compensation. Since you cannot force the other side to settle, your only option may be to take them to court to obtain fair compensation.

Potential Compensation from a Product Liability Claim

man checking gas tank

Depending on the specific losses that you suffered as a result of your injuries, you could be eligible to recover compensation for losses such as:

  • Present and future medical expenses, including hospital stays, surgeries, emergency services, medical equipment, prescription medicines, long-term care, and doctor’s visits
  • Rehabilitative care such as physical and occupational therapy
  • Mental health care services
  • Lost wages due to time missed at work
  • Lost future income if you are unable to return to your job or perform any other gainful employment
  • Physical and emotional pain and suffering caused by the incident
  • Loss of consortium for the impact your injury or illness has had on your relationship with your spouse
  • Other non-financial losses like loss of quality of life

What You Should Do If Harmed by a Defective Product

person cutting wood with electric saw

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

construction worker handling machine

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.

Reach Out to Us Now for a Free Case Review

Consumers have a right to expect the products they buy will be safe to use and will not cause harm. When a manufacturer fails to properly design, produce, or test their products, or if they fail to warn of potential dangers the product poses, injury victims have the right to demand fair compensation for harm suffered at the hands of a dangerous or defective product.

The product liability lawyers at Pellettieri Rabstein & Altman fight for the rights of injured consumers in New Jersey. Let us help you seek the justice that you deserve. Call us or contact us online for a free case evaluation. We look forward to speaking with you.


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