New Jersey Product Liability Act and Recoverable Damages

Have you been injured by a defective or dangerous product? Let’s discuss your rights under the New Jersey Product Liability Act and what damages are recoverable.

Product liability law in New Jersey is governed by the New Jersey Product Liability Act.  This Act permits claims to be filed in court if you are injured from an unsafe product.

• The first way you can proceed under the Act is if you can prove that the product causing harm was not suitable for its intended purpose.  This can be shown if the product deviated from the design that it was supposed to have. This is known as a Manufacturing Defect.
• The second way a product can be shown defective under the Act is if it failed to have proper warnings or instructions. This is known as Failure to Warn.
• The third way a product can be shown defective under the Act is if you can show the product was designed in a defective manner. This is known as a Design Defect.

Simple examples illustrate the above.

Manufacturing Defect:

The following is an example of a manufacturing defect.  A car is designed with a horn. A driver of the new car pulls out of the car dealer lot, sees a pedestrian, and presses the horn, but no horn sounds. The pedestrian does not see the car and is run over.  The driver opens up the hood of the care to see why the horn did not work and discovers that the horn was never installed.  That is a manufacturing defect.

Failure to Warn:

The following is an example of  failure to warn. A high powered cleaning solution is manufactured with a strong acid component which easily removes rust. However, the solution will very easily eat through human skin and users should be warned to wear rubber globes when using it.  The manufacturer fails to insert a warning in the box containing a bottle of the solution.  A person then uses the product, does not put on rubber gloves because he was not warned, and is burned. This is a failure to warn.

Design Defect:

The following is an example of a design defect. A bicycle is manufactured with a handbrake that is attached to the actual brake on the wheel with a thin nylon cord that breaks easily. The user of the bike uses the hand brake but the nylon cord snaps and the bike in involved in an accident.  That is a design defect.

The above examples are merely illustrative – fact patterns can widely vary in real world situations.

What types of damages are available if I am injured by a defective product?

If you are injured due to a defective product, your claim may include, if appropriate, a demand for compensation for your pain, suffering, disability, impairment, and loss of the enjoyment of life.

In addition, if applicable, your claim may include a demand for payment for your medical bills, loss of income, and other actual provable economic losses.

We have handled many product liability claims over the years.  In the “Cases” section of this website we detail several such cases.

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You can be assured that the Kronberg Law Firm has the background, knowledge, and experience to handle your product liability claim.
Please call or text us at (973) 204-6573 to discuss your case.
The initial consultation is without cost or obligation.  If we feel that we can help you, we will arrange a face to face meeting to explore the facts of your case in detail, which is also without cost or obligation. Our mobile office can come to you.  We look forward to hearing from you.