DEFECTIVE PRODUCTS

New Jersey Defective Product Lawyers

In today’s consumer-driven world, we often assume that the products we purchase and use daily are safe. However, this is not always the case. Defective products can cause serious injuries and even fatalities. A product may be deemed defective when it fails to perform as safely as an ordinary consumer would expect. At Kitrick, McWeeney & Wells, LLC, our New Jersey defective product lawyers are dedicated to protecting your rights after a defective product has harmed you.

Understanding Product Liability

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers to ensure that products are safe for public use. When a product is defective and causes injury, the injured party may have grounds to file a product liability claim. These claims can be based on three main types of defects:

Design Defects: These occur when a fundamental flaw in the product’s design makes it inherently unsafe. Even if the product is manufactured perfectly according to specifications, it will still be dangerous.
Manufacturing Defects: These occur during production and result in a product that deviates from its intended design. Poor-quality materials, shoddy workmanship, or errors during assembly can cause these defects.
Marketing Defects: Failure to warn occurs when the product lacks adequate instructions or warnings about its proper use and potential dangers. This can lead to misuse of the product and subsequent injuries.

What Are Common Types of Defective Products?

Defective products can span a wide range of categories, but some of the most common include:

Automobiles and Auto Parts: Defective vehicles or parts, such as airbags, brakes, or tires, can lead to serious accidents and injuries.
Medical Devices: Defective medical devices, such as implants or surgical instruments, can cause severe health complications.
Pharmaceuticals: Dangerous drugs with harmful side effects that are not properly disclosed can cause significant health issues.
Household Products: Everyday items like appliances, furniture, and children’s toys can pose risks if not designed or manufactured safely.
Industrial Equipment: Defective machinery or tools used in workplaces can lead to severe workplace injuries.

Legal Basis for Product Liability Claims

In New Jersey, product liability claims can be brought under several legal theories:

Strict Liability: Under strict liability, the injured party does not need to prove negligence. Instead, they must show that the product was defective and caused their injury.
Negligence: To establish negligence, the injured party must demonstrate that the manufacturer or another party in the supply chain failed to exercise reasonable care in the design, manufacture, or marketing of the product.
Breach of Warranty: This involves showing that the product failed to meet the terms of its express or implied warranty, such as a promise that the product would be safe for use.

What Steps Should You Take if Injured by a Defective Product?

If a defective product has injured you or a loved one, it is crucial to take the following steps to protect your rights and strengthen your claim:

Seek Medical Attention: Your health and safety are top priorities. Obtain medical treatment for your injuries and keep detailed medical expenses and treatment records.
Preserve the Evidence: Keep the defective product, packaging, and receipts. Do not attempt to repair or alter the product, as it may be crucial evidence in your case.
Document the Incident: Write down everything you can remember, including how the injury occurred and any conversations you had with witnesses.
Contact an Attorney: An experienced product liability lawyer can evaluate your case, advise you on the best course of action, and represent you in legal proceedings.

What Is the Role of an Attorney in Defective Product Cases?

Navigating a product liability claim can be complex and challenging. An experienced attorney can provide invaluable assistance by:

Investigating the Claim: Your attorney will gather evidence, consult experts, and build a strong case to support your claim.
Negotiating with Insurers: Insurance companies often try to minimize payouts. Your lawyer can negotiate on your behalf.
Litigating the Case: If a fair settlement cannot be reached, your attorney will be prepared to take your case to court and advocate for your rights.

Compensation in Product Liability Cases

You may be entitled to various forms of compensation, including:

Medical Expenses: This includes past and future medical bills related to the injury.
Lost Wages: If the injury caused you to miss work, you could be compensated for lost income.
Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
Punitive Damages: In cases of particularly egregious conduct by the defendant, the court may award punitive damages to punish the wrongdoer and deter similar behavior.

At Kitrick, McWeeney & Wells, LLC, we are deeply committed to helping individuals and families affected by defective products. Our team understands the intricacies of product liability law and has a proven track record of successfully handling complex cases. We are dedicated to providing personalized attention and pursuing justice for our clients.

The New Jersey Defective Product Lawyers at Kitrick, McWeeney & Wells, LLC Help Consumers Harmed by Defective Products

Defective products can have devastating consequences, but you do not have to face the aftermath alone. If a defective product has injured you or a loved one, the New Jersey defective product lawyers at Kitrick, McWeeney & Wells, LLC are here to help. We will work tirelessly to hold the responsible parties accountable. Contact us today at 732-655-3168 or fill out our online form for a free consultation. From our offices in Manasquan and Brick, New Jersey, we proudly serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.