"THE THREE TYPES OF PRODUCT LIABILITY"

In today's modern world, we use manufactured products for almost everything. Whether it be for cooking, communicating, working, traveling, or entertainment, the devices we use are an integral part of our everyday lives.

But what happens if one of these products that we rely on are defective? What if they injure someone, what recourse do we, the users, have?

The answer to that is a product liability claim. As with most personal injury claims, a product liability claim hinges on your ability to prove that your injury was caused by a negligent party, and not through your own carelessness. When it comes to product liability, there are three specific categories of negligence which can be proven in order to support your personal injury claim. Let's take a look.

Defectively Manufactured Products

A defectively manufactured product is flawed or defective because of an error at the factory or its place of manufacture. Examples include:

  • A car or motorcycle with missing or damaged brake pads
  • A cough syrup containing a toxin or poison
  • A cracked or broken chain on a swingset

As you can see, these types of products contain defects at the manufacturing level which have the potential to seriously injure a person.

Defectively Designed Products

A defectively designed product is inherently flawed, the entire line of the product is potentially harmful, even if the manufacturer produced it exactly according to specifications. These are the kinds of products that often see mass recalls. Examples include:

  • A cell phone battery that can overheat and burn people
  • An airbag which doesn't deploy properly
  • A coffee maker which overheats the liquid to a dangerous degree

These examples show how a flaw at the design level can cause products to potentially be harmful to people.

Failure to Provide Adequate Warnings or Instructions

Sometimes, products can be designed and manufactured properly, but not contain sufficient warnings in their use such that an individual harms themselves accidentally. This usually applies to dangerous products which require precise and careful implementation. For example:

  • A cough syrup which does not provide adequate warning of the effects that mixing it with other commonly used medicines could have
  • A hot plate which does not include a warning about where to properly grip it in order to avoid severe burns.

Contact an Experienced Morris County, NJ Personal Injury Lawyer

While it is important to educate yourself about your product liability claim, the best action you can take is to find an effective attorney who will help you understand and navigate your way through the claim process.

Robert A. Smith of Smith & Doran is a Certified Civil Trial Attorney. This means that he specializes in civil court cases, including accident and injury cases of any kind. It is an accolade given by the New Jersey Supreme Court to only 2% of the active lawyers in the state. His fellow lawyers have also accorded him the highest possible Martindale Hubbel rating of AV® Preeminent in recognition of his excellent legal knowledge, communication skills, and ethical standards. Bob Smith prides himself on providing personal but professional legal counsel, and he believes open and honest communication with his clients is the key to building a long-lasting partnership based on trust.

If you or a loved one has been injured by a defective or dangerous product, contact us online or call our Morristown, NJ offices today at 973-261-6254 to schedule a cost-free consultation.

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The Law Offices of Smith & Doran, P.C.
60 Washington Street, Suite 302
Morristown, NJ 07960

Phone: 973-532-2661
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