When Should You Consider a Product Liability Lawyer in New Jersey?

In essence, a product liability lawsuit is all about an injured individual filing a liability report against the manufacturer of the product. It can be filed if the product was defective or had a faulty ingredient or two without having any mention of the same. 

In general, most product-based liability may fall under one of the below-mentioned theories –

  • Strict liability,
  • Negligence, 
  • Battery, or/and 
  • Breach of warranty. 

In most cases, a product liability case is primarily governed by a particular state statute. But, sometimes, some guiding principles (coming from tort law) might also apply in this aspect. Please keep reading to know more about it.

Consulting A Product Liability Lawyer

If you think you’ve been injured due to using a product, hiring a product liability lawyer must be your primary course of action. However, before you take a step in this regard, don’t forget to make the following considerations accordingly.

Consideration – 1: Was The Product Really Defective?

As a plaintiff, your focus should be on proving that the product or item in use was defective which can come in the form of a number of different situations. And in general, you can label these in three different ways. 

Here’s what you need to know about them.

  • Design Defect: It means that the product was flawed from the beginning or there was some defect within the same.
  • Warning Defect: This might refer to a defect in the instruction manual or something regarding the packaging label related to warning something to the audience.
  • Manufacturing Defect: Unlike a design defect, a manufacturing issue doesn’t relate to the whole product. Instead, it’ll consider the problem in the “creating process” only. 

If you’re unsure about the problem of the product, it’s always best to consult with a consumer attorney. They can also help in finding the situation in the product and help you accordingly.

Consideration – 2: Was The Product Responsible For Your Injury?

Only finding the defect in the product won’t be enough for you. Additionally, you’ll need to see how it has affected your health as well. 

For example, a motorcycle is prone to flipping or skidding while you’re trying to speed up too much. Hence, in this aspect, your problem will not be accepted by the court.

But, if the accident was caused due to brake failure or something as such, you might attribute the same to product liability. Talk to your lawyer about it before taking any further steps.

Consideration – 3: How Has The Damage Affected Your Life?

In addition to everything else, you’ll also need to prove how the product has affected you and your life. Has it made you unable to walk? Or did it damage you internally?

In general, you’ll need to offer a description of the injury and how extensive it was. Also, to prove your point, you must add the doctor’s prescription with the claim as well.

In some cases, though, only offering the prescription won’t be enough. Hence, if you want to avoid any related conflict or something as such at all, don’t forget to talk to your lawyer.

Documentation Of A Product Liability Claim

Like any other lawsuit, you’ll have to provide a set of documentation while filing a product liability claim. We’ve offered some insights into this aspect here, but you should still talk to a lawyer before making a move. Anyway, let’s check them out, then.

  • Proof of lost wages (if you’ve missed going to work due to the injury).
  • Notes of the doctor and any other feasible medical records.
  • Cost of the prescription and the medications.
  • Information related to insurance.
  • Proof that you’ve purchased the product, a credit card detail, or a receipt.
  • Hospital bills.

Don’t forget to provide each and everything your attorney asks you to. This will assist you with getting the compensation and proving your point. So, be careful! 

The Final Say

Going through a product liability claim can be pretty hectic and time-consuming, especially if you’re running against an industry colossus. Therefore, in this aspect, it’ll be best to get as much help as possible. And in addition to everything, we’ll also ask you to preserve all the related paperwork efficiently. You’ll definitely need them, one time or another. 

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