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Do You Have a Product Liability Claim?

The Different Types of Product-based Personal Injury Claims

Do You Have a Product Liability Claim?It would seem, with the technological advancements in modern society, that manufacturers could design, build, and test products that ensure user and bystander safety. Unfortunately, in the rush to be first to market, many product developers cut corners or ignore potential safety concerns. The result is that hundreds of thousands of people are injured every year by dangerous or defective products. Statistics show that one of every 13 personal injuries involves a consumer product. So how do you know if you have a product liability claim, and whom can you name as a defendant?

The Types of Product Liability Claims

The law recognizes three specific types of product liability claims:

  • Negligent / defective design—Defective design claims allege that the product designers failed to act reasonably when conceiving the product. A manufacturer may use high-quality materials and build exactly to specifications, but there still can be a design defect. An example would be the design of a motor vehicle that’s susceptible to rollover because of an improperly placed center of gravity.
  • Negligent / defective manufacture—Defective manufacture can involve the use of substandard or inappropriate parts or materials. It also can involve inadequate manufacturing processes or standards. This claim does not address the design of the product but only the fabrication, assembly, construction, or other manufacture.
  • Negligent / defective marketing—Negligent marketing generally involves either a failure to warn of dangers that were known or should have been known, or some type of defect or omission in the product labeling.

When you seek damages for injuries caused by a dangerous or defective product, you can file legal action against any party within the chain of distribution, from the designer or manufacturer to distributors, wholesalers, and retailers.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

Construction Site Product Liability Claims

construction-site-product-liability-claimsOne of the principal causes of injury on construction sites is tied to dangerous or defective products, including tools, machines, equipment and building materials. When you have been injured because of exposure to or the malfunction of a product, there are a number of legal theories that you can use to pursue damages:

  • Negligent manufacturing—This involves a breach of the duty to use reasonable care in the construction, assembly, fabrication or manufacture of a product. It might entail the use of substandard materials, negligence in training or monitoring employees, failure to set up appropriate manufacturing procedures, or inadequate testing
  • Negligent design—This claim involves a failure to consider potential safety risks when designing a product. With negligent design, it doesn’t matter whether the product was properly manufactured—the risk of injury stems from design flaws. For example, a ladder that has high center of gravity, making it susceptible to falling over
  • Negligent marketing—The manufacturer or marketer of a consumer product has a duty to inform potential users of any safety risks tied to a product, whether they are actually known or can reasonably be deduced. Accordingly, there must be labels, on the product or the box, identifying such risks.

Third Party Actions

With most work-related injuries, your exclusive remedy will be workers’ compensation. However, since workers’ compensation applies only to instances of negligence by an employer or co-worker, product liability claims typically don’t fall under this limitation. If the product was manufactured, designed or marketed by someone other than your employer or a co-employee, you can file a lawsuit for damages.

Contact Us to Protect Your Rights

In the aftermath of a personal injury, evidence can get lost and memories can fade. Don’t run the risk that you won’t be able to get full and fair compensation for your injuries. Contact our office online or call us at 856-667-4666 to arrange a meeting. Evening and weekend appointments can be set up by request. We’ll also come to your home or the hospital to meet with you, if necessary.

We handle all personal injury claims on a contingent fee basis. There won’t be any attorney fees unless we recover compensation for your losses.

New Jersey’s Dog Bite Law

dog-bite

If you have been attacked or bitten by a dog in New Jersey, you can file a lawsuit to recover compensation for injuries that you suffered. There are, however, specific conditions that must be met before you can receive damages.

First, you must show that you were either on public property at the time of the attack, or that you were lawfully on private property when you were hurt. Trespassers generally do not have a right to sue for dog bite injuries. The dog bite law specifically applies only to bites, and not to other types of injuries. For example, if a dog knocked you down and caused broken bones or other types of injuries, those losses would not be covered by the dog bite statute. You can, however, file a general negligence action for such injuries.

Like many other states, New Jersey imposes “strict liability” for dog bites. This means that, if you are bitten by a dog, you don’t have to show that the dog owner was negligent or that any negligence on the part of the owner caused your injuries. Instead, you need only show that:

  • The dog was owned or controlled by the defendant
  • The dog bit you
  • You suffered some type of injury or loss because of the bite

Defenses to a Dog Bite Claim

New Jersey law allows a dog’s owner to raise two different defenses, if applicable. First, if the injured person was illegally on the dog owner’s property, the defense of trespass may be appropriate. In addition, because New Jersey recognizes “comparative negligence” in personal injury lawsuits, a dog owner may have a defense if the injured person engaged in actions that provoked the dog.

Contact Us Now

Don’t run the risk that evidence will be lost— contact us online or call our office today at 856-667-4666 to schedule an appointment. Your first consultation is free. We are available evenings and weekends upon request. We’ll also travel to your home or the hospital, if necessary.

We handle all product liability claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

The Different Types of Product Liability Claims

Barista steaming milk at the coffee machine

When you purchase an appliance, a toy, a motor vehicle or any other consumer product, you expect that the manufacturers have taken reasonable care to ensure that the design and construction of the product are done in such a way that there’s not an unreasonable risk of injury when you use the product as intended. Unfortunately, that’s not necessarily the case. There are many dangerous and defective products readily available to consumers. If you or someone you love has been hurt after using a consumer product, here are the potential avenues for legal recovery.

Defective Design

A lawsuit alleging defective design of a product asserts that manufacturers and marketers failed to act reasonably when designing the product. Under this theory, the product is considered inherently unsafe, regardless of the care with which it was manufactured or assembled. In legal action based on defective design, you must show that a reasonable person would have recognized the defect and would have either fixed the problem or reasonably notified potential users of the risk of injury. For example, if you design a vehicle with a high center of gravity, making it susceptible to rollovers, you must either warn of the risk or redesign the vehicle to minimize the risk.

Defective Manufacture

A product may be considered defectively manufactured under a number of circumstances:

  • Substandard materials were used in the construction of the product
  • The product was carelessly or negligently assembled or fabricated
  • The manufacturer did not properly supervise the employees who were assembling or building the product

For example, if an appliance manufacturer knowingly uses substandard materials or fails to put procedures in place to ensure that products are correctly assembled, there may be liability.

Negligent Marketing

An allegation of negligent marketing essentially says that the manufacturer or marketer did not adequately warn potential users of known risks of injury. For example, the manufacturer of a coffee maker may have liability if the company knew that the product produced water hot enough to cause serious burns.

Contact the Law Offices of David J. Karbasian, PC

Don’t risk the loss of evidence or the disappearance of a witness. The sooner you retain legal counsel, the better! Send us an e-mail today or call us at 856-667-4666 to schedule an appointment. We handle all mortgage foreclosure scam claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

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