Dangerous products make their way into homes every year—appliances that overheat, toys that break too easily, and tools that lack basic safety features. When a product fails in a way that injures someone, the law provides real protections for consumers.
Understanding those rights can make a major difference in how quickly you recover and whether you receive the compensation to which you are entitled.
What Product Liability Means Under New Jersey Law
Product liability refers to the legal responsibility that manufacturers, distributors, and retailers have when a defective product harms a consumer. New Jersey, like many states, recognizes the legal principle of strict liability in cases involving dangerous and defective products. In some circumstances, a person injured because of exposure to, or the malfunction of, a consumer product doesn’t have to prove the company was careless—only that the product was defective and caused the injury.
A few key terms help make the concept clearer:
- Defective product: A product that is unreasonably dangerous when used as intended or in a reasonably foreseeable way
- Chain of distribution: Everyone involved in getting the product to market—from the manufacturer to the retail store
- Strict liability: A legal standard that eliminates the requirement of proving negligence
The Three Types of Product Defects
All defective product cases fall into one of three categories, and knowing which one applies helps determine who is liable and what evidence matters most.
Design Defects
These cases involve carelessness or lack of reasonable care in the design of the product. Accordingly, even if the product is built correctly, the design itself creates an unreasonable danger. Common examples include a space heater without an automatic shutoff or a power tool without a guard.
Manufacturing Defects
Here, the design is sound, but the manufacturer fails to use reasonable care at some stage of production, manufacture, assembly, or fabrication. It might be a bicycle with a cracked frame due to weak metal or a batch of medical devices contaminated during assembly.
Failure to Warn (Also Referred to as a Marketing Defect)
A product must include reasonable instructions or warnings that make users aware of known or foreseeable risks. If a chemical cleaner causes burns, but the label omits that risk, the manufacturer may be liable.
What an Injured Consumer Must Prove
Product liability cases in New Jersey apply the principle of strict liability, which eliminates the need to prove negligence. To bring a successful claim in New Jersey, an injured consumer must show:
- The product contained a defect;
- The defect directly caused the injury; and
- The product was being used in a reasonably foreseeable manner.
Even though claimants don’t need to prove negligence, evidence still matters—photos, medical records, and the product itself can make or break a claim.
Common Product Liability Cases
Some items end up in litigation more often because they’re used daily or involve complex systems. Common examples include:
- Household appliances
- Children’s toys and baby gear
- Power tools and lawn equipment
- Motor vehicle parts
- Medical devices and prescription drugs
- Electronics powered by lithium-ion batteries
Compensation in a Product Liability Claim
When a dangerous or defective product causes injuries, damages can include compensation for:
- Medical bills and future treatment
- Lost income
- Pain and suffering
- Permanent disability or scarring
- Property damage
The value of a claim depends on the severity of the injury and how the defect occurred, and these factors vary from case to case.
Why Legal Representation Matters
Product cases often involve multiple companies, insurance carriers, and technical experts. A product liability lawyer who handles these matters regularly can identify the defect, work with engineers to understand it, secure expert testimony, and build the evidence needed to pursue compensation. This support levels the playing field when facing large manufacturers or national retailers.
Read Also: The Different Types of Product Liability Claims
Contact the Law Offices of David J. Karbasian, PC
If you’ve been injured by a defective or unsafe product, you deserve answers, support, and strong legal representation. At the Law Offices of David J. Karbasian, PC, we offer free consultations and never charge a legal fee unless we recover compensation for you. We’re available evenings and weekends, and we can meet you at home or in the hospital if needed.
Call 1-877-HOGLAW1 or contact us online to discuss your case. We’ll handle the legal process while you focus on recovery.
