Today’s economy in the United States and elsewhere produces thousands of products that are capable of inflicting a serious injury if they are defective or used improperly. Ever since the growing economy of the late 19th century, courts have struggled with the allocation of liability when a person is injured or killed by a defective product. Who should compensate the victim? The manufacturer? The merchant who sold the product? Another party in the chain of distribution? In 1987, the New Jersey legislature passed the New Jersey Product Liability Act in an effort to provide uniform and understandable answers to these questions.
The New Jersey law states that a manufacturer of a defective product may be held liable for any injuries caused by that product regardless of whether the manufacturer was negligent. The statute enunciates three classes of defective products that allows injured persons to seek damages.
Types of defects
A product may have an inherent defect that makes it unreasonably dangerous. A successful plaintiff must prove that a safer design for a comparable product exists and that this design would have prevented the injury.
Some products with proper designs contain one or more manufacturing defects – for example, below grade material in a crucial part – that were not included in the initial design and which renders the product unreasonably dangerous.
Manufacturers are required to warn customers of known hazards in using a product. The familiar tags warning of electric shock on hand tools and many household appliances – are familiar examples of such warnings. The failure to provide such warnings can make a manufacturer liable for any injuries caused by the hazard or dangerous condition.
A claim for damages under the New Jersey Product Liability Law must be filed within two years of the injury or the date on which the injury was discovered. This two year period can be especially critical in cases involving construction defects or other conditions that are not readily apparent when the manufacturing or construction process is completed.
Damages
A successful plaintiff can recover “compensatory damages” to cover medical care, lost wages, and pain and suffering. If the defendant who is found liable was engaged in instances of egregious conduct involving the defective product – for example, attempting to conceal a known defect – a jury may also award the plaintiff punitive damages.
It is not always easy to succeed in a products liability claim. The technical details involved can be overwhelming, and the defendants can be some of the largest, most powerful corporations in the world. It’s important to seek out experienced professional help.
