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When a manufacturer or seller is selling any type of product, they hold some responsibility to the consumers. They have to ensure that the quality and quantity of the products are the same that they are claiming. At the same time, they also have to ensure that the products are not causing any type of damage or harm to the consumer. In case the product might be dangerous for some particular individuals or during some particular situations, a warning has to be there.
Suppose a company that manufactures hand sanitizer has to ensure that it does not harm the skin. At the same time, they need to declare in case that it is not safe to use for children or individuals with certain health conditions. If the manufacturer or seller fails to do so and the consumer suffers from any damages, they are bound to compensate for the damages. It is not as simple as it seems. That is why it is a complete guide on that. Keep reading to know more about it.
Suing For Defective Products Damages In NJ
Every manufacturer has an obligation to all the consumers of New Jersey in order to ensure that the products they are manufacturing and marketing are safe and will not cause any type of harm. In case of any damages or injury occurring, the new jersey product liability law lets the consumer recover the particular damages from the seller, manufacturer, or both.
Types Of Product Liability Lawsuits
On the basis of the different types of defects, there are 3 basic types of product liability lawsuits in New Jersey. Following are the 3 defects.
- Manufacturing defects.
- Design defects.
- Marketing or warning defects.
Here we will have a detailed discussion about the different types of defective products and their lawsuits.
Defective Manufacturing Claims
The product was simply carelessly assembled, manufactured, constructed, built, or fabricated, regardless of whether there was any reasonable care in the product’s design. The defective manufacture might involve the following.
- Carelessness in overseeing the entire manufacturing process.
- Standard materials.
- Failing to inspect the product properly after manufacturing.
- Improperly training the workers who are manufacturing the products.
In the lawsuit of defective products manufacturing claims, the plaintiff has to prove that the product deviated from the manufacturer’s design specifications. Or it also can be deviated from what is considered identical units produced as per the same specifications or standards.
Defective Marketing Claims
Defective products contains inadequate labels or instructions for appropriate use. Here, the injured person has to demonstrate that the product did not include any instruction or warning that a reasonable person would have provided in the same or quite similar circumstances.
Defective Design Claims
In this case, the designer failed to utilize any reasonable care in order to evaluate whether the product that was designed posed any type of unreasonable risk of harm or threat. Here, not a single consideration was given as to whether the product was manufactured properly or not.
In a defective design claim, the injured individual has to show the following proof.
- The risk of the product as designed counterbalanced its usefulness.
- The products might have been designed in a particular way to minimize or simply eliminate the risk of harm.
New Jersey Recoverable Damages
In most personal injury lawsuits, the injured individual asks for compensatory damages in order to compensate them for their losses. It also includes economic damages, such as lost wages and medical costs, along with non-economic damages, like pain and suffering.
In addition to that, the New Jersey defective product law also allowed punitive damages to punish the wrongdoers under some particular circumstances. These specific types of damages are crowned at either around $350,000 or 5 times the total amount of reimbursed damages, among these two whichever is greater.
We understand when it comes to legal matters, you will have a lot of questions and queries in your mind. That is why it is best to hire a lawyer if you are thinking about suing for defective products damages in New Jersey.
To make your knowledge clearer, here are some questions with answers.
Q1: Can I Sue The Manufacturer For A Defective Product?
The CPA always imposes strict liability on manufacturers of defective products for damages or harm that are caused by all those defective products. It means that individuals who are injured by defective products can always sue for compensation, and that too without having to prove that the manufacturer was negligent.
Q2: Are Retailers Liable For Defective Products?
Whenever a retailer is advertising an item for sale, it is implied that the retailer has already ensured the product is completely safe and suitable for use. Even though the retailer might not have manufactured or distributed any defective product, they also can be held liable for any type of losses or injuries caused by the products they are selling or have sold.