Law Office of McHugh & Imbornone

COVID-19 Notice: In order to better serve you while concerns over COVID-19 continue, McHugh & Imbornone is happy to conduct consultations by phone, via Skype, or other video.Documents can also be reviewed and signed electronically.The attorneys & staff at McHugh & Imbornone are here for you during this time. Please don’t hesitate to contact us with any questions or concerns.

Law Office of McHugh & Imbornone

COVID-19 Notice: In order to better serve you while concerns over COVID-19 continue, McHugh & Imbornone is happy to conduct consultations by phone, via Skype, or other video.Documents can also be reviewed and signed electronically.The attorneys & staff at McHugh & Imbornone are here for you during this time. Please don’t hesitate to contact us with any questions or concerns.

When is a manufacturer liable for a defective product?

On Behalf of | Jun 21, 2022 | Firm News |

People buy all kinds of products for various reasons in New Jersey. Some products are made better than others and cost different amounts, but people expect that the product will work as intended. It is inevitable that most products will stop working at some point in time and people will need to replace them. However, sometimes when the products break or malfunction, they can cause significant harm to people using the product.

This should not happen in most cases unless the user was clearly using it in a dangerous way despite warnings. However, if the user is using the product as intended and still suffers harm, they may be able to receive compensation for their injuries through a product liability claim.

Elements of a product liability claim

The product could be defective for multiple reasons, but in many situations, the defect occurred during the manufacturing process. To prove that the manufacturer should be held liable for the injuries, the victim needs to be able to prove certain elements. These elements are:

  • The manufacturer did not assemble the product according to the design specifications, formula or standards that are used for identical products being manufactured
  • The product failed to contain adequate warnings or instructions on how to properly use the product
  • The product was designed in a defective manner

Potential defenses to a product liability claim

The manufacturer cannot be held liable under certain circumstances and those are:

  • There was no other practical design that would make the product safe while maintaining its ability to perform the intended function of the product
  • An ordinary user of the product would understand the inherent aspects of the product that are dangerous when using the product for its intended purpose and were harmed by those known dangerous aspects of the product
  • The injury was caused by a dangerous aspect of the product, which contained an adequate warning

It is very unfortunate when people in New Jersey are injured by products that they are using in the proper way. The victims should not be left paying for the damages they suffer as a result of the negligence of the product’s manufacturer. The victims should be compensated fairly as they recover from their injuries and attempt to get back to their normal life. Experienced attorneys understand how to prove product liability claims and may be able to guide one through the process.