Companies create products with our safety in mind. After all, creating a faulty product would be detrimental to their brand and sales. But, sometimes mistakes are made and products can become hazardous. Sometimes, the products we purchase can cause serious injuries. If you or a loved one has been injured by a product, you may be entitled to compensation. Read on to learn more about product liability lawsuits in New Jersey and how you can receive the compensation you deserve.
How Long do I Have to File a Claim?
If you wish to take legal action, you have a certain deadline by which you must file your claim. This deadline is known as the statute of limitations. In New Jersey, the statute of limitations for a personal injury claim is two years from the date of the injury. This means if you do not file your claim, you will likely lose your opportunity to receive compensation.
Receiving Compensation for a Product Liability Case
In order to receive compensation for a product liability case, you will need to determine which party is responsible, and prove that negligence was involved.
The three main ways to do this include design defect, manufacturing defect, and failure to warn.
- Design defect: This occurs when a product designer does not take safety into account when designing a product. To prove negligence, your lawyer will have to prove that there was a safer, but equally feasible and affordable way to create the same product.
- Manufacturing defect: This occurs when a design is sound, but the manufacturer deviates from the original blueprints, causing a product to become dangerous. To prove negligence, your lawyer will have to prove that the manufacturer deviated, either intentionally or unintentionally, from the original blueprints.
- Failure to warn: This occurs when a product is designed and manufactured safely but does not include the proper warnings or labels required to allow the customer to use the product safely. To prove negligence, your attorney must prove that the product lacked adequate labels.
What Should I do if I am Injured?
If you are injured by a product, you should keep the product, it will likely be a key piece of evidence. Additionally, you should reach out to a skilled personal injury attorney as soon as you are ready to begin the legal process.
CONTACT OUR FIRM
If you have been the victim of the negligence of another in an automobile accident, please contact my office as quickly as possible following the subject accident. It is important to consult with us early on so that we may begin the process of fighting for your rights in regard to any potential claim that you may have. The process is complicated and requires the expertise of a qualified New Jersey personal injury attorney. CONTACT US TODAY!