People injured in products liability accidents may have potential cases against product manufacturers, distributors and/or retailers. In addition, there may be separate defective products claims against product component manufacturers. Each case varies. However, in general, most products liability cases will follow a similar process.
Steps in a New Jersey Products Liability Lawsuit
1. Consult with a New Jersey products liability lawyer
It is crucial to find a lawyer with the knowledge, expertise and financial resources to litigate products liability cases. These cases can be very costly due to significant expert fees. Also, success of these cases often depends on knowledge of the technical aspects of the product, its manufacture, and its design.
2. Pre-litigation investigation
Once a lawyer is hired, he or she will interview the injured party and any witnesses. Once the basic facts are obtained, the lawyer will consult with an expert to have the product tested to see if it was in fact, defective. Some examples of the kinds of experts who may be retained in a products liability case include:
- mechanical engineer in a child toy defect case,
- chemical expert in a cleaning product injury case,
- food safety expert in a food poisoning or contamination case,
- biomedical engineer in a medical product defect case, and
- electrical engineer in an electric product defect case.
3. Filing the Complaint
After the initial discovery is complete and an expert opinion confirms that the product was defective, the next step is to file a lawsuit against the responsible parties. The Complaint will detail the identity of the parties, the accident and the damages.
After filing of the Complaint, the discovery phase begins. The parties will exchange documents. Medical records, pictures, diagrams, product safety instructions, manuals, etc. are just some of the documents which will be exchanged. In addition, the parties will depose each other as well as witnesses.
The discovery phase gives the parties the opportunity to assess the strengths and weaknesses of their respective cases. After discovery is complete, the parties may attempt to settle the matter or the case will proceed to trial.
Related Legal Articles:
- NJ Products Liability Legal Article: Damages Recoverable in a NJ Products Liability Lawsuit
- New Jersey Products Liability Lawsuits – What Claims are Made?
- New Jersey Product Liability Law – The Basics
Call 215.925.4451 to speak to one of our New Jersey products liability lawyers. Our lawyers are available for a free, no obligation legal consultation.
The products liability lawyers at Schwartz & Blackman handle cases in the New Jersey and Pennsylvania area:
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
- PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
*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.
Published: July 24, 2012