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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

Product Liability: Consumer Rights When a Defective Product Injures a Consumer

[fa icon="clock-o"] April 19, 2017 [fa icon="user"] Scura Law Firm [fa icon="folder-open'] Product Liability

person with injured hand seeing doctorOn a daily, weekly or monthly basis, consumers in New Jersey and elsewhere purchase goods for various reasons. In some cases, a product does not perform in the manner it was designed to. When this happens, it could lead to the product becoming dangerous and cause consumer injury.

When a dangerous product causes harm to a consumer, the consumer should understand their legal options. In order to make a product liability claim, the injured consumer should understand the different types of defect claims that are available.

3 Major Categories of a Defective Product

There are three major categories regarding defects: defects in design, defects in manufacturing and defects in warning.

Defects in design occur when the design of the product causes it to not perform properly. For example, this could happen when a bike brake is applied and the cable breaks when the rider attempts to use it. By contrast, a defect in manufacturing occurs when the manufacturing process causes a product to not perform properly or as it was intended to. This could happen, for example, when a gas or brake pedal in a vehicle sticks when the consumer uses it. Lastly, defects in warnings could occur when adequate warnings of known or possible dangers are not provided to the consumer.

Remedies for the Defective Product

Remedies for a defective product are dependent on the legal theory that the injured person is asserting. There are two major theories, which include negligence and strict liability. The theory of negligence is used when it is found that the manufacturer or seller breached a duty owed to the consumer, thus causing his or her injury.

Strict liability applies when defects are caused during the manufacturing process. Manufacturers are strictly liable for the product's defects that happen during the manufacturing process. So long as the defects that injured the consumer occurred during the manufacturing of the product, a consumer could use the theory of strict liability.

Contact a New Jersey Product Liability Attorney Today

Holding a manufacturer or seller responsible for a dangerous product could help an injured consumer hold a negligent party accountable for their actions. In addition, this could also help the injured party collect compensation for the damages caused by the defective or dangerous product. Contact our product liability attorneys today if you need help.

Source: FindLaw, "Defective Products and Consumer Rights

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