Defective Products

Defective Products Lawyers in New Jersey

Seeking Just Compensation for Defective Product Injuries for over 50 Years

Injured by a Defective Product in Monmouth County NJConsumer safety should be the responsibility of every manufacturer.  When it comes to product defects and personal injury, the manufacturers, designers, or distributors of defective products should be held accountable.  If you have been injured by a defective product or know someone who has in New Jersey, it is essential to get the facts and understand your options in recovering financial compensation for the damages you have suffered.

At Chamlin, Uliano & Walsh, we are aware of the dangers and potential injuries caused by defective products. Our lawyers have handled numerous cases through our years of experience and know that proving liability in these types of cases may become a complex process. Having a seasoned defective product attorney on your side can make a substantial difference in the outcome of your claim in Long Branch, Sea Bright, Freehold, Middletown, Asbury Park, Tinton Falls, and neighboring areas across Monmouth and Ocean Counties.

You can get in touch with our team of attorneys by calling (732) 440-3950 or completing our online form for a no-cost, no obligation consultation to discuss your case today. Let us help you gather all the required evidence to prepare and prove a solid case for defective product injury compensation.

What Qualifies as a Defective Product in NJ?

It can be considered defective when a product causes injury to someone because of how it was manufactured, designed, or marketed without being changed or modified.  When someone uses a product for its expected purpose, following all instructions and cautions given regarding the product, and is injured, the product could be defective.

Top Kinds of Product Defect Issues

There are three kinds of product defects, and they are manufacturing, design, and marketing defects.

Design Defects

Design defects are those found inherently in the product from its conception.  An example could be a weight difference on one side of a child’s Jeep that causes it to be unstable and fall over easily. This has nothing to do with the manufacturing because it was built according to the designers’ specifications.  It is a design flaw.

Manufacturing Defects

Manufacturing defects happen during the production or construction of a product. In this case, the design is spot on, but the manufacturer either doesn’t follow the design or makes changes, such as using cheaper material or speeding up production to make more in a shorter period. A manufacturing defect could be a faulty airbag on a particular kind of car which doesn’t inflate properly when deployed.

Marketing Defects

Marketing defects have to do with the lack of warnings and instructions for the safe use of a product.  Inadequate safety warnings and incomplete instructions on how the product should and should not be used are defects. Any hazards associated with the product must be included in the warnings.  For example, toys must be labeled as to the age they are appropriate for.  If a game has small pieces, it must also have a label as a choking hazard and require parental supervision while the game is being played. Another part of the warnings must include what could happen should the game or its pieces be misused.

Examples of Defective Products that May Cause Injuries

Usually, when a product is defective, the company responsible for its sale and manufacturing or a government agency (FDA, FMCSA, FDCA) will publish a recall.  This is a warning to consumers about the specific product and what action should be taken. Sometimes you will be told to throw the product away, and other times you will be asked to return the product to have it repaired or exchanged.

Food recalls are unfortunately common, but they are also very specific to one brand or a specific item.  For example, Green Day Produce recently announced a recall of its Enoki Mushroom produce due to a listeria outbreak. Alpha Foods issued a recall of their Meatless Burrito because milk was an undeclared ingredient on the food list of the product. Anyone with a severe dairy allergy could react if they eat the product unknowingly.

Cosmetics are also sometimes recalled.  Recently, Claire’s Princess Eye Shadow for girls was recalled because it was suspected that asbestos could be found in the product because of a manufacturer’s error. Household items can be recalled as well. The Whele Company recently published a recall of its Warm Relief Hot Pad because the thermostat was defective and could cause burns or mild shocks.

Besides food products, defective toys are the most recalled item.  The hoverboard has always given toymakers trouble; its battery was known to overheat and spontaneously burst into flames.  That was fixed, but recently the problem has been with the motherboard, which allows the device to continue moving when the rider isn’t actively controlling it.

Who can be Held Responsible for Defective Products?

Three categories of potentially responsible parties can be held liable in this kind of case.  The first is the manufacturer. This is the most common category.  If a product was built in such a way as to make it flawed and dangerous, the manufacturer is liable.  For example, if your new oven overheats and won’t turn off every time you use it because the thermostat is faulty, it creates a fire hazard.

The designer could be liable if a product is inherently dangerous from its inception.  For example, a car whose design includes a fuel line placed so as to wear it out prematurely would be considered a design flaw.

A product marketer could be held liable if the instructions and warnings on the product were inaccurate, incorrect, or incomplete.  For example, some people use a hairdryer as white noise to fall asleep.  Since this is common knowledge, there should be a warning against using the hair dryer while asleep.

Proving Liability in Defective Product Cases in NJ Establishing Liability in a Product Liability Case

The product maker, designer, seller, or owner can be held liable for a defective product, depending on the circumstances of the particular case.  The maker (manufacturer) must create a quality product that meets all federal regulations and standards for safe use.  Using substandard materials or shortcuts in production can open a manufacturer to lawsuits.  As previously mentioned, the designer can be held liable if an item is defective by design.  If the business that sold a product knew it was defective, it could be found at fault.  An owner can be held liable for misusing a product or for having a faulty product on the premises.  For example, if a local restaurant’s jukebox sometimes shocks a user, the owner must remove it until it is repaired.

Three important points must be proven to prove liability in this case:  the product is defective, it was used as intended, and during that use, you were injured.

Potential Injuries Caused by Faulty Products

Choking accidents are the most common.  Children will swallow small parts of toys or pieces of broken ones, marbles, placeholders for board games, and anything else small enough to be put in their mouths. Also, hair straighteners, curling irons, or hairdryers can cause severe burns if they have a defect or the instructions aren’t clear.  Faulty airbags can cause chemical burns to the face, neck, and chest. Any electric appliance with faulty wiring can cause a fire or electrocution.

Additionally, several kinds of car seats have been recalled due to loose parts or faulty locks that won’t hold the child in place in the case of an accident.  Defective tires, brakes, and steering columns can cause tragic accidents with severe injuries such as broken bones, internal bleeding, and death. Further, defective pharmaceutical and food products can cause illness or death, especially in cases involving the elderly or someone with a compromised immune system.

Skilled Attorneys at Chamlin, Uliano & Walsh can Help You Prove Liability if You Have been Injured by a Defective Product in New Jersey

Product liability cases are involved and complex.  Gathering evidence and potentially bringing in expert witnesses to buttress your case, along with connecting your injuries directly to the defective product, are arduous tasks and should be handled by a professional, experienced product liability attorney.

Whether it is a manufacturer or design defect, a failure to warn, or provide adequate instructions, our success record speaks for itself at Chamlin, Uliano & Walsh.  Our clients receive outstanding representation to get the best monetary award possible.  We will work your case from every angle, highlight every piece of evidence, and fight for your right to be made whole after your injury.

If you have suffered from an injury caused by a defective product or know someone who has in Manasquan, Red Bank, Belmar, Neptune, Colts Neck, Howell, Holmdel, or other communities in Monmouth County and along the Jersey Shore, contact our firm at (732) 440-3950 to speak with an attorney who can assist you with your unique situation, If you would like to learn more about our firm and how we can help you to recover the damages you are owed, plus have your case reviewed by an experienced professional, online contact form is also available for you.