As digital technology evolves, New Jersey courts face new questions about how traditional product liability law applies to intangible items, specifically mobile apps. Understanding whether apps qualify as products under existing laws can help clarify consumer rights and responsibilities in this digital age.
Defining product liability
Product liability means manufacturers, distributors or sellers may be legally responsible when defective products cause harm. Traditionally, New Jersey law applied this to tangible goods, like cars, household appliances or medical equipment. But now, the intangible nature of apps raises new considerations.
Are apps products under New Jersey law?
In New Jersey, the New Jersey Product Liability Act defines products as tangible personal property distributed commercially. Because apps are intangible software, they do not neatly fit into this definition. Currently, New Jersey courts have yet to conclusively determine whether an app qualifies as a product under the NJPLA.
Federal perspectives on apps as products
Federal courts have begun addressing this issue. Some courts indicate apps could qualify as products if they function similarly to physical items and cause harm due to defects or faulty design. For example, defective medical apps that lead to physical injuries or financial apps causing monetary losses might trigger product liability claims.
Why apps may or may not qualify
Apps differ from traditional products in keyways. First, they are intangible digital services, not physical items. They have continuous updates that make isolating defects difficult. And, responsibility could lie with developers or platforms, rather than the app itself.
Conversely, apps do share important traits with traditional products. First, apps are commercially produced, distributed and consumed. Plus, defective apps can cause real harm to users. And, they often serve practical, tangible functions similar to physical products.
Conclusion
Whether apps fall under New Jersey’s product liability law remains unsettled. As digital products become increasingly integrated into daily life, New Jersey courts may soon need to clarify if, and how, apps fit into existing laws.
