The Three Types of Product Defects
- Design defect: when a product is inherently defective due to its design. In these cases, it would need to be proven that a safer alternative to the design would have been economically feasible and practical, and that it would have retained its primary purpose.
- Manufacturing defect: when the product defect occurs during manufacturing—such as from the use of low-quality materials.
- Marketing defect: when a known defect was not communicated to consumers through sufficient labels and directions.
Legal Remedies in New Jersey Product Liability Claims
The two main theories that can apply to defective product cases include:
- Negligence – In a product liability claim involving negligence, the plaintiff would need to prove that the defendant (either the manufacturer or distributor) breached their duty, that the breach of duty is what caused an injury to the plaintiff, and that the plaintiff suffered actual damage. An example of a negligent lawsuit would be a manufacturer who did not properly test a product before sending it out.
- Strict Liability – Strict liability does not focus on the manufacturer’s behavior; rather, it focuses on the state of the product. Under this legal theory, someone could be liable even if negligence was not in play. To prove this, it would need to be proven that a defect occurred during manufacturing. The plaintiff would not need to prove the manufacturer’s behavior fell below the standard level of care.
To learn more about how our New Jersey product liability attorneys can help, call (732) 440-3089. We offer FREE consultations and don't collect a fee unless we win.
Meet Our Local Product Liability Attorneys
We Take Pride in Serving the People of Our Community
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Richard J. Levinson Senior Shareholder
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Mark V. Kuminski Managing Shareholder
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Adam L. Rothenberg Shareholder
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Brett R. Greiner Shareholder
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Kimberly L. Gozsa Shareholder
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Michael B. Fusco Shareholder
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Robert Y. Cook Partner
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Kathleen M. DiGiovanni Partner
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Joseph M. Marabondo Partner
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Ronald B. Grayzel Of Counsel
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James J. Dunn Of Counsel
Reviews & Testimonials
*Results may vary depending on your particular facts and legal circumstances.
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I want to thank you for all of your help settling my case seamlessly and promptly with an unexpected, and speechless outcome. I'm still in a bit of shock and I'm still processing it all. After my case bounced from associate to associate, I had...- G.K.
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Celine took what I thought would be a stressful situation and turned it into a wonderfully positive experience for me and for my family. Her passion for her job, and her compassion towards her clients, is without limit. She is a fighter.
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Our Settlements & Verdicts
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
*Results may vary depending on your particular facts and legal circumstances.
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$3,500,000 Product Liability Jury Verdict
Worker injured by product defect on his commercial truck.
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$2,100,000 Products Liability Settlement
In this products liability action against various pharmaceutical companies, evidence established that the defendants failed to manufacture a safe product for use by hemophiliacs and that use of defendants' products actually transmitted the HIV virus, thereby resulting in HIV and AIDS infections.
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$1,989,000 Personal Injury Settlement
Our firm secured a judgment verdict of $1,989,000.00 for a client that suffered injuries from carbon monoxide fumes. The generator that was installed in her dog grooming van was not a proper fit, thus resulting in fume exposure.
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$1,600,000 Products Liability Settlement
A utility worker sustained serious orthopedic injuries when a defective bolt on a utility pole gave way, causing him to fall. A products liability suit was filed against the seller of the bolt, establishing that the bolt was manufactured improperly.
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$1,500,000 Dangerous Exposure Settlement
Our client suffered severe asthma and permanent pulmonary disability due to toxic exposure to an instrument cold sterilization chemical used by healthcare professionals. The chemical had a prior history of causing illness in people who were exposed to it, yet the manufacturer continued to distribute it.
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