Defective Product Lawsuits
Experienced Products Liability Lawyers
Consumers have a right to expect that the products they purchase and use are safe. Unfortunately, despite regulations and industry standards meant to ensure safe products, some companies cut corners to increase profits.They continue to produce and market items they know, should know, or have real reason to believe are defective and dangerous. As a result, people continue to suffer serious injuries such as burns, eye damage, and fractures from unsafe products and defective medical devices and implants.
If you sustained a serious injury from a defective product at home, while driving or in the workplace, Keefe Law Firm may be able to help. Our attorneys have helped injury victims get the compensation they deserve from negligent companies. In the past, our team was part of a successful national class action product liability case for manufacturing defects found in car tires. We have also helped clients obtain multi-million dollar settlements for defective medical devices. In addition, our founding partner, Judge John Keefe, Sr. co-authored a leading treatise on product liability law in 2005.
Our lawyers can help with a wide range of product liability claims such as involving:
- Defective strollers and other infant products
- Automobile defects
- Aviation parts and equipment
- Construction site tools and equipment
- Contaminated food products
- Dangerous toys
- Defective medical devices
- Defects in machines and tools
- Heavy machinery
- Household appliances
- Industrial machines and equipment
What are the Different Types of Product Defects?
Anything you buy or use, from car tires to appliances to children’s toys, can potentially cause injuries if it has product defects. In general, regardless of the product involved, all defects fall into one of three main categories, depending on where the flaw originated. The three main types of product defects are:
Design Defects.
Sometimes, a product may be flawed from the start due to a design defect. For example, an improperly designed hip implant may fail even if manufactured exactly to specifications. In cases involving these defects, an entire product or line of products may be deemed dangerous.
- Manufacturing Defects
These defects result from an error in physical production. When companies neglect product safety standards or fail to perform safety checks, a manufacturing defect often results. For example, a tire company may choose to use substandard materials in their tires because it is cheaper. These materials are often weaker, making tires prone to blowouts.
Failure to Warn or Incorrect Labeling.
If a manufacturer knows that a product may cause injuries due to its design and function, that company must warn users of the danger. Generally, this rule only applies to products with potential dangers that are not obvious.
What Should I Do If I Was Hurt by a Defective Product?
If a product defect causes you harm, you may be able to recover compensation for the cost of your medical bills, lost income and other damages. If the Food and Drug Administration (FDA) or the manufacturer issued a product recall, you may be able to get compensation without filing a case. However, these settlement offers are usually low. Depending on which types of product defects are to blame, you may be able to file a lawsuit against the product manufacturer or retailer, as well as any contract companies involved, to get fair compensation.
For a successful product liability case, your product liability lawyer must be able to prove that:
- The product is defective. He or she must prove that a defect, whether in manufacturing, design or labeling, actually exists. For this, the best evidence is the dangerous product itself, so do not throw it away or try to repair it.
- The defect caused your injury. Sometimes, even if a product is defective, it may not be the actual cause of your injuries. For example, even if your car has recalled tires, if you cause a crash while texting and driving but the tires did not fail, you cannot blame the tires.
- You used the product as intended. If you are hurt while using a product for something other than its intended purpose, you probably cannot file a product liability claim. Manufacturers are only required to ensure a product is safe for its reasonably expected use.
Injured by a Dangerous Device? Contact a New Jersey Product Liability Attorney
If you need help after an injury caused by product defects, our law firm may be able to help. Our product liability lawyers understand how big companies handle these cases because we have fought against them before. We have experience handling claims involving all types of consumer products and medical devices.