Apr 292012
 

Under New Jersey products liability laws, manufacturers, distributors, and sellers must make/sell products which are reasonably safe. This means that a product must be reasonably fit, suitable, and safe for its intended or reasonably foreseeable uses. Under the law, this duty applies to manufacturers and sellers of all different types of products, such as:

  • cars,
  • toys,
  • tools,
  • cribs,
  • strollers,
  • appliances,
  • bicycles, and
  • even food.

This duty is owed to all people who use the product and anyone who may reasonably be expected to come into contact with the product.

In New Jersey, in order to succeed in a products liability claim, the injured plaintiff must show that the product was not reasonably safe for its intended purpose or a reasonably foreseeable purpose.

There are three ways to show that a product was defective: 1. a manufacturing defect, 2.  failure to adequately warn or instruct or 3. design defect.

1. A manufacturing defect is a mistake in the manufacturing process which renders the product unsafe. The product at issue will be different from others of its kind due to such a defect which occurred during manufacturing. For example, a bicycle which breaks due to an air bubble in the frame would be an example of a manufacturing defect.

2. A manufacturer fails to warn/instruct if it did not provide adequate warnings with the product, i.e., mislabeled products or warnings which come in the wrong language.

3. A product is defectively designed if it is unsafe for its intended use because of a flaw inherent in the way the product was designed, i.e., car tires which cannot withstand normal driving conditions.

In order to properly evaluate a products liability claim, it is vital that the defective product be preserved for testing and analysis.

If you’d like to have your case reviewed by our New Jersey products liability lawyers, call 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.

The products liability lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area:

  • PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
  • NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities

*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case.  See the full disclaimer at the bottom of this page.

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