Product Liability Lawyer Serving New Jersey & New York
Manufacturers have a duty to make sure their products are safe, and they can be held strictly liable for the damages caused when somebody is harmed by a defective product. Many people are skeptical about the ability of the “little guy” to stand up the automobile makers and pharmaceutical giants of corporate America, but product liability lawyer Andrew Jacobs has the skills, experience and determination necessary to stand up for his clients in the pursuit of justice, no matter the odds.
New Jersey imposes strict liability for design defects, manufacturing defects and failure to warn
There are typically several different legal theories under which a manufacturer can be held liable for injuries caused by a product defect, including negligence and breach of an express or implied warranty. There is also a branch of law known as products liability, where product makers are held strictly liable for injuries caused by dangerous products. Strict liability means that it is not necessary to prove negligence or fault to hold the manufacturer liable; it is enough that the manufacturer let a dangerous product out of its factory, and that product caused an injury because it was dangerously defective.
Products are usually considered defective in one of three different ways: defective design, defective manufacture, and failure to warn:
Design Defects – When a product is defectively designed, every unit produced contains this hidden danger. This may be a car, truck or SUV which rolls over too easily in an automobile accident, or that explodes on impact because the electrical system was placed too close to the fuel line. Other common design defects include power tools built without safety guards or household appliances from irons to furnaces that do not include automatic shut-offs.
Manufacturing Defects – A fault in the assembly line, an untrained worker, or the use of substandard components can result in the creation of a defective product. A defective part can fail at a critical moment with no warning, causing serious personal injury or wrongful death. Proving the existence of a manufacturing defect may require extensive testing of the product, accident reconstruction and other complex procedures to hold the product maker accountable.
Failure to Warn – Countless products that are designed and built safely are nevertheless inherently dangerous if not used in the proper manner. This includes industrial solvents, chemicals and household cleaners that require gloves or eye wear, or that must be used only in a well-ventilated area. Products such as these must contain clear instructions for their safe use, along with prominent warnings about any dangers associated with their foreseeable use. A product which is improperly labeled or contains missing or inadequate instructions may be considered defective under New Jersey products liability law.
Help is Available for Injuries Caused by Defective Products
Products liability cases may be challenging to bring and difficult to prove, but they are often the only or best way to hold corporations accountable for their misconduct and force them to make changes for public safety. If you or a loved one have been harmed by a product defect in New Jersey or New York City, contact the Law Offices of Andrew R. Jacobs for a free consultation regarding your rights to be compensated for your injuries.