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Products Liability Lawyers in Essex County, NJ

Respected Essex County Products Liability Lawyers Advocate for Clients Injured by Dangerous Products

Most people regularly purchase products without any comprehensive knowledge of how the product was produced or designed—and simply assume that these products are safe to be used. Legally, you do have the right to rely upon this expectation—and those involved in manufacturing, designing and marketing these products have a corresponding legal duty to ensure that their products are reasonably safe for their intended use. Practically, however, consumers are injured by dangerous products on an alarmingly frequent basis—and many of the injuries involved in products liability cases can be serious and even permanent.

Products liability cases can arise from any type of defective product that causes someone harm when used under reasonable circumstances—from children’s toys to car seats to components in vehicles, entities have a duty to ensure that all measures are taken to create a product that is reasonably safe. At Birkhold & Maider, LLC, our skilled products liability lawyers are here to help you get the compensation you deserve from the organization that profited from selling a dangerous product that caused your injuries. Our lawyers have been fighting to protect innocent victims to help keep Essex County safe for decades, so call us today for a free consultation to see how we can help you.

Establishing the Basis for an Essex County, NJ Products Liability Case

Three primary variations on products liability claims exist under New Jersey law, and claims for compensation may arise from:

Manufacturing defects. In a product liability case that alleges manufacturing defects, we work to show that the product was safely designed, but that some error in the manufacturing process to make the product unsafe for its intended use. For example, manufacturing defects can result from errors in the assembly process or the use of incorrect material.
Design defects. A design defect product liability case requires proving that there was a defect in the product’s overall design and that there was a reasonable alternative design that could have rendered the product safe. Design defect cases can also arise in product liability cases stemming from dangerous product packaging.
Failure to warn. Failing to provide clear warnings about known dangers posed by a product or proper instructions for using a product can also give rise to a products liability claim.

Skilled Products Liability Lawyers Fight for Fair Compensation for Clients Injured by Defective Products in Montclair, NJ

While all products liability claims are based on the premise that the product was unreasonably dangerous in some way, there are several different variations on how liability can actually be established in these cases. A products liability claim in Essex County can be premised upon:

Negligence. Negligence requires showing that the defendant owed the plaintiff a duty of care, and breached that duty by acting carelessly in some way—therefore causing the plaintiff’s injuries.
Strict liability. Unlike in the case of negligence claims, some products are considered to be so unreasonably dangerous that the manufacturer may be held strictly liable for any injuries caused by the product–even if that party exercised reasonable care in producing or selling the product (i.e., even if that party was not negligent). In these cases, proving that the product was defective and dangerous can be sufficient to establish liability.
Breach of warranty. In a breach of warranty products liability case, we work to show that the defendant made representations—whether express (stated) or implied—about the product’s safety or quality, and those representations were untrue. Generally, an implied warranty that the product is safe for its intended use exists in every case.

Regardless of the theory of liability applicable in your products liability case, our experienced lawyers have the skills necessary to fight for full compensation for all current and future medical expenses, lost wages and earning potential, rehabilitative care, pain and distress, loss of consortium, loss of enjoyment of life and more.

Contact Our Experienced Essex County Products Liability Lawyers for a Free Case Evaluation Today

At Birkhold & Maider, LLC, our skilled Essex County products liability lawyers fight to hold negligent businesses responsible for the injuries that their product cause to consumers in our community. We work tirelessly to ensure you get a full compensation award so that you can focus on your physical recovery. If you or a loved one have sustained injuries while using a product and want to learn more about whether you have a viable claim against the manufacturer or designer of that product, call or contact us today for a free initial case evaluation.

Frequently Asked Questions About New Jersey Products Liability Claims

FAQ: What if I was injured while using a product and did not follow the written instructions?

Manufacturers and designers have a duty to ensure that products are reasonably safe for their intended use. In some cases, this duty can extend to situations where consumers use a product for its intended use without following the instructions. Whether you have a valid product liability claim will depend upon all the circumstances of your case—including whether appropriate warnings were placed on the product, the reasonableness of the way you were using the product (even if not strictly in accordance with the instructions) and the instructions themselves. In short, we may be able to argue that an organization that profits from the sale of consumer products must anticipate that some consumers may not carefully read or follow the instructions in some cases.

FAQ: What evidence do I need to proceed with a product liability case?

The necessary evidence varies from case to case, but generally, you should keep the dangerous product (if possible), along with any packaging, instructions, and materials that came with it. If possible take pictures of the injury and the product. Your medical records and doctor’s testimony can also provide valuable evidence when establishing the level of compensation to which you are entitled. In many cases, it can be helpful for you to begin to keep a written journal detailing how the injury has impacted your life—for example, whether you were able to work or even move around your home, time spent in the hospital, doctor’s appointments, etc.

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