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Is There Liability For A Store Or Manufacturer If Their Product Injured Me?


Products Liability is the area of personal injury law requiring a product’s manufacturer and those who sell it to assure their product is safe for its intended purpose and does not cause injuries to its users. The maker of the product and those selling it generally have a legal duty to not place unsafe products into the marketplace. They may be liable for harms caused by an unsafe product where that harm is caused by normal use of the product. When we talk about products and products liability, as far as the law is concerned, this duty applies to consumer goods, medical equipment, vehicles, foods, and prescription drugs.

Cases arising from injuries caused by products are complicated. There are essentially three legal theories available on which one may proceed to seek compensation if they are injured or their property is damaged by a product during the normal use of that product. Those three theories of liability are defective manufacture of the product (claiming the manufacturer did not make the product the way it was intended to be made), improper use instructions or warnings provided with the product when it sold to the buyer (not providing materials with it describing how to use it and how not to use it), or defective design of the product at the manufacturer (the actual way the product was planned for production is faulty).

One of the most important reasons to consult an attorney if a product you purchased injures you is there are defenses that may be raised by the product manufacturer in the event a product is claimed to be defective. Among those defenses are comparative negligence (negligence on the part of the injured party contributing to the cause of the injury), misuse of the product (not using the product for the intended purpose it was designed), and intervening acts of third parties who may share liability for the injuries a claimant suffers (an event or act attributed to someone other than the user, manufacturer, or retailer, that contributes to the cause of the injury).

Product liability cases are very complex and costly. Experienced lawyers who have the financial backing should be consulted when you believe you have suffered injuries from a defective product.

If you have questions about whether you have a claim for injuries suffered as a result of a product defect, contact one of Levinson Axelrod’s experienced product liability attorneys at one of our eight conveniently located New Jersey offices for a free consultation.

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