Product liability can arise in a variety of contexts. A malfunctioning toaster can overheat. A lawn mower can accelerate rapidly for no apparent reason. A bicycle brake mechanism can fail. When a consumer has been injured by a product, they could be entitled to damages and other relief in court. Monmouth County defective products lawyers of Fox & Melofchik, L.L.C. successfully prosecute product liability actions on behalf of injured clients. Before downplaying your injury or assuming responsibility for what has happened, let us help.
Prevailing in a New Jersey product liability lawsuit requires attention to detail, patience and tenacity. Plaintiffs must establish several elements to satisfy the controlling, accepted standard for product liability claims. First and foremost, Monmouth County product liability lawyers note, a plaintiff must prove that they were actually injured by the product in question. A grievous injury will yield a larger award, but even a seemingly minor injury can result in recoverable damages.
Plaintiffs must next establish that the accused product is, indeed, defective – and also identify the nature of the defect. An experienced defective product lawyers can help determine whether the product was improperly designed. In some instances, a product may be properly designed yet still malfunction. In other instances, the product could be properly designed, fully functional but dangerous nonetheless. In these situations, manufacturers can be held liable for failing to provide adequate warnings to consumers about safe use.
A qualified product liability lawyer will then go to work on the third element of a successful product liability claim – causation. Demonstrating the existence of a consumer injury alongside the existence of a defective product is insufficient in the eyes of the law. Instead, a plaintiff must prove that the defect caused the injury. Eyewitness testimony can be beneficial, as can reports from treating physicians. Lastly, a complaint must contain a statement that the product was being used as it was intended, or was being used in a manner which was at least reasonably foreseeable.
Once it has been determined that a viable product liability claim exists, Monmouth County defective products lawyers will next seek to determine who should be named as a defendant in the lawsuit. Depending on the nature of the defect, multiple defendants can be sued. A manufacturer is often to blame but when the manufacturer is located overseas, an American subsidiary could be accountable. In other circumstances, a retailer or distributor can be held liable for selling or distributing a defective product.
Identifying an exhaustive list of potential defendants is important, according to Monmouth County product liability lawyers. In New Jersey, as a variable liability state, plaintiffs who are unable to collect an award from one insolvent defendant can still recover damages from solvent defendants, based upon the solvent defendants’ proportionate fault. Defendants who are at least 60% at fault in a product liability case are liable jointly and severally, pursuant to N.J. Stat. Section 2A:15-5.3.
With more than 80 years of combined experience, Monmouth County product liability lawyers at Fox & Melofchik, L.L.C. are well-versed in all aspects of product liability law. If you or a loved one have been injured by a defective product, or you received no warning about the dangers of a product which left you injured, call (732) 493-9400 or contact us online today. At our offices in Ocean Township, New Jersey, we proudly serve clients in Monmouth County, Middlesex County, Ocean County, Mercer County and the towns of Long Branch, Neptune, Asbury Park, Middletown, Ocean Township, Freehold, Wall, Belmar and Sea Girt.