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Product Liability
We purchase products with the belief and understanding that they should be safe to use for their intended purpose. Unfortunately, that is not always the case. In fact, thousands of peoples are injured every year by products that were flawed in their design, manufacturing or labeling.
Thanks to more effective products liability legislation over the years, products have become safer and safer overall. That being said, the laws concerning the ability of accident victims to successfully pursue product liability claims have become more and more complicated and difficult. If you or a family member were injured by a defective product, you may have grounds to bring a products liability claim against the responsible manufacturer, distributor, or retailer. Products liability cases can be difficult to litigate and often times require the use of one multiple expert witnesses. At Levinson Axelrod, P.A. we have the experience and resources to help.
We can help with a wide variety of product liability claims, including injuries resulting from the following:
- Occupational exposure cases
- Injuries due to defectively designed or manufactured products
- Injuries from defectively labeled products or improper warnings
The Three Types of Product Defects
Design defect
Manufacturing defect
Marketing defect
Legal Remedies in New Jersey Product Liability Claims
The two main theories that can apply to defective product cases include:
- Negligence - In a product liability claim involving negligence, the plaintiff would need to prove that the defendant (either the manufacturer or distributor) breached their duty, that the breach of duty is what caused an injury to the plaintiff, and that the plaintiff suffered actual damage. An example of a negligent lawsuit would be a manufacturer who did not properly test a product before sending it out.
- Strict Liability - Strict liability does not focus on the manufacturer’s behavior; rather, it focuses on the state of the product. Under this legal theory, someone could be liable even if negligence was not in play. To prove this, it would need to be proven that a defect occurred during manufacturing. The plaintiff would not need to prove the manufacturer’s behavior fell below the standard level of care.
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Why Choose Levinson Axelrod, P.A.
When you suffered injuries due to a public entity, you must go through a different legal procedure to hold them liable. Anytime a person wants to file a claim against a public entity, they must do so through a title 59 claim, which falls under the New Jersey Tort Claims Act (TCA). A public entity includes any state, county, municipality, district, public authority, or any other public body in New Jersey.
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