Atlantic City, NJ Defective Products Lawyer
Skilled Personal Injury Lawyers Represent Clients Injured by Defective Products in Atlantic City, NJ
Product manufacturers are legally obligated to manufacture and supply products that are safe for consumers of that product to use. When the manufacturer of a product fails to take appropriate steps to ensure that those products are safe for use or consumption, that manufacturer may be held liable for any injuries or damages caused by the unsafe products.
At Brown Law, our experienced team of personal injury lawyers represents clients injured in all types of defective products cases, and regardless of whether your injury was minor or catastrophic. We believe that consumers have the right to expect that the products they purchase will be safe and not cause harm when used appropriately, and fight to hold negligent product manufacturers liable for any harm that they may cause. Contact our offices today for a free consultation into your defective product claim.
Types of Liability in a Defective Products Case in New Jersey
An experienced personal injury lawyer can use one of several legal theories to establish an injured party’s right to recover compensatory damages for injuries sustained as a result of a defective product. The major theories used to establish liability in a defective products case are:
- Manufacturing defects: In manufacturing defect cases, the manufacturer of the defective product is liable because the way the product was made makes it unsafe. Essentially, the product itself would have been safe had it been manufactured in a different way.
- Design defects: In design defect cases, the entire product is unsafe because the basic design of the product was defective. A lawyer in these cases would argue that there was a better way for the product to have been designed so that it could be safe for consumer use. In some cases, the way the product was packaged may have even been defective.
- Lack of warnings: Product manufacturers also have a duty to warn consumers of any potential unsafe uses of the product, and must provide clear instructions as to how the product should be safely used. In these cases, the actual product may not be defective at all, but the manufacturer can still be held liable because warnings or appropriate instructions were lacking.
To establish your right to compensation, our experienced defective products lawyers will investigate and analyze the facts of your case to prove:
- That you were injured by the product,
- That you were using the product as it was intended to be used when you were injured,
- That the product did not perform as it reasonably should have been expected to perform,
- The defect caused the injury,
- How the defect occurred (whether it was because of a defective design, manufacturing process or lack of warning and instruction),
- The manufacturer’s knowledge, or that the manufacturer reasonably should have known about the defect or problem,
- That the manufacturer failed to take the steps necessary to correct the problem
In some cases, our experienced lawyers can even argue to recover compensation in cases where the product was being misused, but the misuse should have been anticipated by the manufacturer, especially if the product did not contain sufficient warnings or instructions.
Atlantic City Personal Injury Lawyers at Brown Law Know How to Help in Your Defective Products Case in NJ
Defective products cases can involve complicated issues, and will almost always require negotiating with or litigating against large companies with teams of defense attorneys employed to minimize both the manufacturer’s liability and your eventual compensation award. We have a variety of ways that we can pursue your right to compensation, including through negotiation to reach a settlement or by litigating the case in court. In more severe cases, a class action lawsuit may be the most advantageous route in a defective products case, because if you were injured, others may have been injured, as well.
In determining how to proceed, our lawyers always evaluate our clients’ preferences and will explain each potential option in detail. Defective products can cause serious and extensive injuries and you may have the right to recover compensation for:
- All of your medical expenses,
- Lost wages and income,
- Diminished earning capacity,
- Loss of enjoyment of life,
- Pain and suffering,
- Emotional distress.
Our defective products lawyers will fight to recover these damages based on one of three theories:
- Negligence: meaning that the company owed you a duty of care and breached that duty,
- Breach of warranty: which can be expressly made or an implicit promise that the product you purchased was safe, contained appropriate directions and would not cause injury if properly used,
- Strict liability: which means that the product was defective and dangerous when used properly at the time it left the manufacturer’s control. You may be able to recover under a strict liability theory even if the manufacturer took all reasonable steps to produce a safe product.
Schedule a Free Consultation to Discuss Recovering Compensation for Your Atlantic City Defective Products Injury
If you have sustained an injury while using a product that you believe was defective, you may have the right to recover damages from the manufacturer or designer of the product. Our experienced personal injury lawyers can help evaluate your case, and explain your options for pursuing compensation. We provide all of our clients with a free initial consultation, and work on a contingency basis so that we only receive legal fees if we are able to recover monetary compensation in your case. Contact our lawyers today by filling out this online form to set up an appointment. Our office is conveniently located at 3123 Atlantic Avenue, Suite 201, Atlantic City, NJ 08401. We serve clients throughout Atlantic County including Linwood, Northfield, Hammonton, Egg Harbor Township, Pleasantville, Absecon, Margate and Ventnor.
If you still have the product, you should keep it and bring it to an attorney, as well as provide your lawyer with information about where and when you purchased the product. Any packaging, labels or manuals that came with the product can also be useful in establishing your defective products case. If you are able, take pictures of the injury and surroundings, as these can be useful evidence in your case. As in any other personal injury case, your lawyer will also evaluate your medical records and the testimony of any witnesses who may have been present when your injury occurred.
We represent clients injured by all types of defective products, including children’s toys, car seats, medical devices, prescription drugs and medications, defective cars, electronics and home appliances, exercise machinery, construction machinery, and toxic chemicals.