The holiday season often brings joy and excitement as families exchange gifts and celebrate. However, when a defective product or appliance causes harm, the aftermath can quickly overshadow the festivities. If you or a loved one sustained injuries due to a defective product over the holidays, understanding your rights under New Jersey’s product liability laws is crucial. Filing an injury claim for a defective product in the new year may provide the compensation you need to recover and move forward.
What Is Product Liability?
Product liability refers to the legal responsibility of manufacturers, distributors, and retailers to ensure that the products they sell are safe for consumers. When a product is defective and causes harm, the injured party has the right to file a product liability claim.
In New Jersey, product liability laws allow victims to pursue compensation under three main types of defects:
1. Design Defects
These occur when a product is inherently unsafe due to its design. For example, a space heater that overheats and catches fire even when used properly may have a design defect.
2. Manufacturing Defects
These occur during the production process. A kitchen blender with a loose blade that flies off while in use could be an example of a manufacturing defect.
3. Failure to Warn (Marketing Defects)
When a product lacks proper instructions or warnings about potential hazards, it may lead to serious injuries. For instance, if a toy fails to warn about small parts that pose a choking hazard for children, the manufacturer or distributor may be held liable.
Common Post-Holiday Defective Product Injuries
The surge in gift-giving during the holidays often increases the risk of encountering defective products. Injuries can range from mild to severe and may involve:
Burns from Faulty Appliances
For instance, a defective electric blanket given as a gift might short-circuit and cause severe burns to the user.
Lacerations from Sharp Edges
Poorly designed kitchen tools or gadgets with sharp, exposed edges can lead to deep cuts and infections.
Chemical Burns from Children’s Toys
Some holiday toys may contain harmful chemicals that leak or cause skin irritation, particularly when manufacturers use substandard materials.
Broken Bones from Defective Exercise Equipment
Gifts like treadmills or exercise bikes that malfunction can lead to falls and fractures.
These examples highlight the importance of taking legal action to hold negligent parties accountable.
Filing an Injury Claim for a Defective Product in New Jersey
If you’ve been injured by a defective product, filing a personal injury claim in New Jersey involves several critical steps. Here’s what you need to know:
Identify the Liable Party
Depending on the defect, multiple parties may be held responsible, including the product’s manufacturer, distributor, or retailer. For example, if a defective coffee maker purchased at a big-box store causes injury, both the manufacturer and retailer could potentially be liable.
Prove the Defect
New Jersey law requires you to show that the product was defective and that the defect caused your injury. Evidence such as the product itself, photos of the damage, and any recall notices can strengthen your case.
Document Your Damages
Keep records of all expenses related to your injury, including medical bills, lost wages, and any property damage. This documentation will play a vital role in determining the value of your claim.
File Within the Statute of Limitations
In New Jersey, you generally have two years from the date of your injury to file a product liability claim. Filing promptly ensures your case complies with this legal deadline.
Unique Examples of Defective Products
While some product liability cases involve widely known dangers, others stem from less obvious hazards. Consider the following unique scenarios:
Smart Home Devices
A smart thermostat gifted during the holidays malfunctions, causing a heating system to overheat and damage a family’s home. Injuries sustained during an evacuation may also qualify for a claim.
Electric Scooters
A holiday gift of an electric scooter may malfunction due to poor construction, leading to sudden braking and serious injuries such as fractures or concussions.
Defective Kitchen Appliances
A newly gifted air fryer that overheats and causes a kitchen fire, injuring the recipient and destroying property, highlights the dangers of manufacturing defects.
These examples illustrate how defective products can disrupt lives in unexpected ways.
The Importance of Hiring a Product Liability Lawyer
Filing an injury claim for a defective product in New Jersey can be complex, particularly when dealing with large corporations or multiple liable parties. A product liability lawyer offers invaluable support by:
Investigating Your Claim
An experienced lawyer will gather evidence, consult experts, and identify all liable parties to build a strong case.
Navigating NJ’s Legal Standards
New Jersey follows a strict liability standard for product liability cases. This means you don’t need to prove negligence—only that the product was defective and caused your injury.
Maximizing Compensation
A lawyer can ensure you receive compensation that reflects your full damages, including medical expenses, lost wages, and pain and suffering.
What Makes Product Liability Claims Unique in NJ?
Unlike other personal injury cases, product liability claims often involve complex legal principles and require deep legal knowledge and experience. For instance:
Modified Comparative Negligence
New Jersey follows a modified comparative negligence rule, meaning your compensation could be reduced if you are partially at fault for your injuries. For example, if you used a product improperly but the defect still caused harm, your damages may be adjusted.
Class Action Lawsuits
If multiple people are injured by the same defective product, joining a class action lawsuit may strengthen your claim and increase your chances of securing compensation.
A skilled lawyer will help you navigate these nuances and protect your rights.
Injured by a Defective Product in New Jersey? Contact Corradino & Papa to File a Personal Injury Claim
The aftermath of a defective product injury can be overwhelming, especially when it disrupts your life after the holiday season. At Corradino & Papa, we understand the challenges New Jersey residents face when seeking justice. Our experienced product liability lawyers are here to hold manufacturers and retailers accountable and fight for the compensation you’re seeking.
Whether you were injured by a malfunctioning holiday gift, a hazardous toy, or a defective appliance, don’t wait to take action. We proudly serve clients in Orange, Maplewood, Harrison, and beyond. Call us today at 973-381-1706 for a free consultation.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.