Businesses and manufacturers have a responsibility to the consumer to put safe products out on the market. Product liability cases include any product that is available for consumption by the public, including prepared foods in a restaurant or a private store setting.
If you or your loved one has been injured while using a purchased product, you may be eligible to receive compensation for your injuries and your losses. It is important to speak with a Trenton product liability lawyer as soon as possible after your injury has occurred.
We offer a NO COST – NO OBLIGATION case evaluation. During this case review, we will discuss with you your rights as an injury victim. If you have been injured by a product that is currently part of a class action lawsuit, we will advise you on what steps to take to seek compensation on your own or through the class action suit.
Three Types Of Cases For Product Liability
Product liability cases are usually categorized as one of the following three types of cases:
To prove a case under the negligence theory, the injured party must show that there was a “duty” by the manufacturer to sell a safe product and that the duty was breached when they placed this product on the market. Once this is established, the injured party must provide a reason for the defect.
Your Trenton product liability lawyer will review different areas of the production process of the item to determine where the negligence occurred. Some of the areas that will be inspected include:
- Drawings, Revisions, and Reviews of the Product Design
- Maintenance of the equipment used to produce the product
- Testing procedures of the product
- Releasing the product too soon to the public
- Failure to foresee additional plausible uses for their product
A majority of product liability cases fall under strict liability. In these types of cases, the injured party only needs to prove that there was a defect in the product and that the defect caused their injury. If that defect is proven, the manufacturer can be held responsible for the injuries that the defect has caused. Strict liability only applies to purchases that were made as brand-new products through the regular chain of distribution. You cannot make a strict liability claim for any item that you purchased second-hand.
Breach of Warranty
All products that are sold have two types of warranties, Express, and Implied. An Express Warranty is any representation made by the manufacturer, distributor, or retailer about the safety of the product. An Implied Warranty is the implied promise from the manufacturer, distributor or retailer that the product, when used as it is intended, is safe.
Beach of Warranty is almost always attached to any product liability case.
Your Trenton product liability lawyer will explain to you during your FREE CONSULTATION on what areas of law they will pursue your case.
Who Can Be Held Responsible For A Defective Product?
Depending on the product and the type of case that you are filing the product liability case under, you may be able to seek compensation from more than one party. Your attorney is going to carefully examine many areas of the product and its production and promotion. Depending on their findings, your attorney may seek compensation from one or more of the following entities.
The manufacturer of the product can be any entity. Whoever is responsible for producing the product, whether it is an international mega-corporation or a garage-based entrepreneur, the manufacturer of the product is the first party to be examined for fault.
Your attorney will also inspect any contributors to the product. If components to make the product is made by another company, or if some of the supplies purchased by another company are the cause of the defect, your attorney may also file against these entities for compensation.
A final area your attorney will check is machine and equipment maintenance. If the machines were defective or if the maintenance company did not repair or maintain the machines correctly, they may also be held liable for your injuries.
In many cases, the wholesaler is often not held liable for product liability cases. The wholesaler does not produce or promote the goods, nor do they introduce the goods and promote the goods to the public. However, your attorney will make sure that the wholesaler was not distributing these goods under the wrong intentions or promoting them for “other than recommended” uses.
In some cases, the retailer may also be held responsible for a defective product case. Consumers who purchase a good from a retailer have an implied warranty that the product is safe for use. Your attorney will examine if the retailer was selling the product incorrectly or not for the intended use, knew of the defect but tried to “push” the product anyways to get it out of stock, or sold it under the wrong conditions.
If it is found that the product has harmed many people, or if people across many states have been harmed by the product, your attorney may initialize a class action lawsuit or suggest that you join a current class action suit if it would be the most beneficial to your cause.
A Look At Food Borne Illnesses
Foodborne illnesses and food poisoning cases can be a little more difficult to seek compensation. This is especially true if you have eaten in a restaurant and do not have any leftovers that can be tested for the illness. Insurance companies are quick to deny claims of food positioning because they say that the food you consumed at the restaurant or storefront was not the only food you consumed on that day.
This should not be a deterrent. Your Trenton product liability lawyer knows and understands New Jersey law and can help you build a case with or without “leftovers.” Contact your attorney as soon as possible after the illness occurs, and they will begin to build your case for compensation.
Types Of Compensation For Product Liability Cases
Your Trenton product liability lawyer will discuss with you’re the types of compensation that will be available to you based on the facts of your case. Under most circumstances, your attorney will request compensation for one or more of the following types of losses.
Medical Care Costs
This would include all the costs for your medical care concerning the injury. If you are going to require additional medical procedures, need extended care, or have long term medical needs as a result of the injury, your attorney will seek compensation for those costs as well.
All of the wages that you lost as a result of the accident will be included in your compensation. This will also include the losses you have from employer-paid for benefits such as health insurance premiums, retirement contributions, and profit-sharing plans.
Lost Earning Capacity
If the injury you received will cause you to not return to work, or if you can only return on a part-time basis or at a lower paying position, your attorney will seek damages for your losses.
Pain and Suffering
The pain and suffering portion of any compensation will be based on the type and extent of the injury and the physical and mental pain that the injury has caused. Your attorney will work with medical professionals and with you very closely to determine the extent of these damages so that they can seek fair compensation for your suffering.
Cost of Services
Any additional costs that you have had as a result of the accident will also be included in your compensation. This may include the cost of services you had to use because you could not complete your normal household duties, transportation costs to the medical care provider, or losses you have had to personal property from the accident.
Protect Your Rights – Speak To A Trenton Product Liability Lawyer Today
SCHEDULE A FREE CASE EVALUATION. During your no-obligation case review, we will look over all the information regarding your case and tell you what your best options are to claim compensation. In some cases, we may recommend that you join a class action lawsuit. We will gladly represent your interests in this type of case as well.
NEVER A FEE UNLESS WE WIN. We are a contingency based law firm. This means that you do not pay any legal fees until we win your case. We believe that everyone should have access to quality legal representation and work on a contingency ensures that everyone can have legal help.
You have very specific rights under New Jersey law that allows you to seek compensation for your losses when you have been injured by the negligence of another person or entity. Protect those rights by speaking with an attorney about your case today.
Product liability cases are regulated by the Statute of Limitations. Under the law, you only have a limited time to make a claim for compensation. Do not delay, schedule an appointment with a NJ product liability lawyer at your earliest convenience.