How to Prove a Defective Product Caused Your Injury in New Jersey

If you or a loved one have been injured due to a defective product in New Jersey, you may be entitled to compensation under the state’s product liability laws. These cases can be complex, but understanding how to prove your claim is crucial.
This guide will walk you through the steps to demonstrate that a defective product caused your injury and help you navigate the legal process in New Jersey.

How to Prove a Defective Product Caused Your Injury in New Jersey

Types of Product Defects

To succeed in a product liability claim, you must show that the product that caused your injury was defective. New Jersey recognizes three primary types of product defects:

  1. Design Defects
    These occur when a product’s design is inherently dangerous or flawed. For example, a car model with a high risk of rollover due to its design may qualify as a design defect. In such cases, the entire line of products may be deemed unsafe, even if manufactured correctly.
  2. Manufacturing Defects
    These occur during the production or assembly process. A batch of medication contaminated with harmful substances is an example of a manufacturing defect. Unlike design defects, these flaws typically affect only specific units or batches of a product.
  3. Marketing Defects (Failure to Warn)
    This occurs when a product lacks adequate instructions or warnings about potential risks. For instance, failing to warn consumers about the risks of side effects of a prescription drug can constitute a marketing defect. Clear and sufficient warnings are essential to inform users of potential dangers.

Elements of a Product Liability Claim

To establish a product liability claim in New Jersey, you must prove the following elements:

  1. The Product Was Defective
    You must identify and demonstrate the specific defect in the product. This requires thorough documentation and often the assistance of expert analysis.
  2. The Defect Caused Your Injury
    Provide evidence showing a direct link between the defect and your injury. This is a critical step, as the burden of proof lies with the plaintiff.
  3. You Were Using the Product as Intended
    The product should be used as a reasonable person would use it. Misuse of the product may weaken or nullify your claim.
  4. The Defect Existed When the Product Left the Manufacturer
    Prove that the defect was present before the product reached you. You can establish this through manufacturing records, quality control reports, or other documentation.

How to Prove Your Injury

Proving that a defective product caused your injury requires strong evidence. Here’s how to gather and present the necessary proof:

1. Document the Incident

  • Take photos or videos of the defective product and your injuries. Visual evidence can be compelling in demonstrating the defect and the resulting harm.
  • Record the time, date, and circumstances of the incident. A detailed account can help establish the events leading to your injury.

2. Preserve the Product

  • Keep the defective product in its current condition. Avoid attempting to fix or alter it, as this could weaken your case. Preserving the product allows experts to analyze it and confirm its defective nature.

3. Seek Medical Attention

  • Obtain immediate medical care for your injuries. Request detailed medical records linking your injuries to the defective product. These records serve as critical evidence to support your claim.

4. Collect Witness Statements

  • If anyone witnessed the incident, their testimony can strengthen your claim. Collect their contact information and ask for written or recorded statements. Witness accounts can corroborate your version of events.

5. Consult an Expert Witness

  • Expert testimony from engineers, medical professionals, or industry specialists can provide authoritative evidence about the product’s defect and its role in causing your injury. Their analysis can bolster your case by explaining complex technical details to the court.

New Jersey’s Statute of Limitations for Product Liability Cases

New Jersey Statute of Limitations law requires that you file a product liability claim within two years of the date of your injury. Failing to meet this deadline can bar you from recovering compensation. It’s essential to consult an experienced attorney as soon as possible to ensure your case is filed within the legal timeframe.

Additionally, if your claim involves a defective product that caused a wrongful death, the two-year statute of limitations typically begins from the date of the decedent’s passing. It’s crucial to act promptly, as exceptions to this deadline are rare and must meet specific legal criteria.

Notable New Jersey Product Liability Cases

Referencing past cases can help illustrate how the courts handle product liability claims in New Jersey:

  • Scanlon v. General Motors Corp. (65 N.J. 582, 1974): This case established that plaintiffs do not need to prove negligence in strict liability claims but must show the product’s defect and that it caused the injury. It underscored the importance of consumer safety and the responsibility of manufacturers to ensure defect-free products.
  • Myrlak v. Port Authority of New York and New Jersey (157 N.J. 84, 1999): This case emphasized that a consumer’s improper use of a product could be a defense against liability, highlighting the importance of proving intended use. It also reinforced the need for clear instructions and warnings from manufacturers.

Practical Steps to Strengthen Your Case

Here are some actionable steps to improve your chances of success:

  • Maintain Detailed Records: Keep a file of all documents related to your injury, including medical bills, receipts for the defective product, and correspondence with the manufacturer or retailer.
  • Report the Defect: Notify the manufacturer and the Consumer Product Safety Commission (CPSC). Reporting the defect may also help prevent future injuries.
  • Hire an Experienced Attorney: A skilled Product Liability Attorney can help navigate the legal complexities and represent your best interests.
  • Avoid Social Media: Refrain from Discussing your Injury or Case on Social Media. Posts can be used against you in court to undermine your claim.

Potential Compensation in Product Liability Cases

Victims of defective products may be entitled to various types of compensation, including:

  • Medical Expenses: Covers current and future medical bills related to the injury.
  • Lost Wages: Compensation for income lost due to the inability to work.
  • Pain and Suffering: Non-economic damages for physical and emotional distress.
  • Punitive Damages: In cases of egregious misconduct by the manufacturer, NJ courts may award punitive damages to deter similar behavior.

How Rosengard Law Group Can Help

At Rosengard Law Group, we understand how frustrating it can be when a defective product disrupts your life. Our experienced team is here to guide you through the legal process and help you secure the compensation you deserve.

We’ve successfully represented clients in cases involving:

  • Defective consumer products
  • Dangerous medical devices
  • Faulty auto parts

Our approach combines empathy, expertise, and determination to ensure you receive the best possible outcome. If you believe a defective product has caused your injury, contact us at Rosengard Law Group to Book a Free Consultation, or call us at (856) 284-6446.