How to Report Defective Products and Then Collect
Filing a Claim About a Defective Product Injury
Many consumers around the world suffer injuries from defective or dangerous products each and every year. Sometimes, these injuries are due to defects from the manufacturer, whereas others occur from misleading advertising. Either way, you never expect to experience an injury from a product and when it occurs, it can leave you questioning who will cover the damages.
If a defective product does cause you an injury, it is possible that you are eligible for compensation through a personal injury compensation claim. The details of your injury and the product will dictate who is liable and whether or not you are owed compensation. It is important to seek medical attention following the injury so that it is documented. Then, it can be useful to work with a New Jersey product defect lawyer who can navigate you through the legal claims process.
It is also a good idea to report the defective product to the Consumer Product Safety Commission (CPSC). They are in charge of creating an official report and looking into the defective product.
Understanding the Different Types of Product Liability Claims
Product defects will usually fall into these categories:
- Warning Defects: Warning defects occur when the manufacturer or supplier does not issue adequate warnings regarding the safe use of a product.
- Manufacturing Defects: Manufacturing defects occur when the manufacturer does not manufacture the product in a way that is safe for use.
- Design Defects: Design defects will occur when injuries are due to the product’s poor design before they are ever manufactured.
The type of defect that led to your injury will dictate the process in which you file a claim.
How to Handle a Defective Product Case
Depending on the type of product defect that led to your injury, the law offers you a few different ways of handling defective or dangerous products. There are two principal theories used in deciding a product defect case.
- Strict Liability: Any defects that occur during the manufacturing stage of a product will fall into the strict liability category. The process of filing a claim and collecting compensation for strict liability tends to be less complicated because the manufacturer is liable for any damages.
- Negligence: Negligence requires a breach of duty of care. If the retailer or store owner was negligent in a way that can be proven, then they may be liable for damages. When proving negligence, it requires that your case demonstrates each of the elements of personal injury.
Determining When Legal Representation is Needed
If you experienced an injury from a defective product, it is important to discuss your case with a personal injury lawyer as soon as possible. Your lawyer will help you understand your legal options while ensuring that you stay within New Jersey’s statute of limitations. Taking the right steps toward reporting a defective product is important not only in collecting the compensation that you need to manage your injury, but also in preventing it from occurring to anyone else.
Contact an Atlantic City Personal Injury Lawyer to Discuss Your Product Defect Case in New Jersey
Did you or a loved one sustain serious injuries due to a product defect in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Brown Law represent clients injured because of defective products in Atlantic City, Egg Harbor, Galloway Township, and throughout New Jersey. Call (609)-344-8270 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 3123 Atlantic Avenue, Suite 201, Atlantic City, NJ 08041.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.