Product Liability Laws

Product Liability Laws New Jersey, Pennsylvania

About Defective and Dangerous Product Lawsuits

When businesses release dangerous or defective products into the hands of consumers, the results can be devastating and even deadly. Product liability laws, which are determined by the individual states, legally protect consumers from negligent manufacturers and allow them to seek compensation in the event that a defective product causes illness or injury. The multilingual attorneys of Vlasac & Shmaruk, LLC, are exceptionally well-versed in the product liability laws that protect injured Pennsylvania and New Jerseyconsumers. To learn more, please contact our law firm today.

Product Liability Lawsuits

Most defective or dangerous product lawsuits will fall under one of the following three categories: negligence, strict liability, and breach of warranty.

Negligence: The plaintiff may recover damages if they can prove the defendant acted in a way that deviated from the standard of care. To do, this they must show:

The defendant was negligent in designing or manufacturing the product.
The product was defective when it left the hands of the defendant and did not substantially change.
The plaintiff was a foreseeable user.
The defect caused the plaintiff’s injuries.

Strict Liability: Even if the defendant took reasonable care in manufacturing the product, they are still liable for any injuries the plaintiff sustains as a result of using the product. The plaintiff does not need to prove intent or fault; according to the theory of strict liability, the plaintiff only needs to show that:

The product was defective.
The plaintiff used the product in its intended manner.
The product did not substantially change since it left the hands of the manufacturer or seller.

Breach of Warranty: The misrepresentation of the nature of a product is the basis of breach of warranty lawsuits. The law assumes the seller makes certain promises about the product, and that the seller must stand behind these claims. Should the product fail to function as intended and someone injures themselves, the seller has breached its promises, and the victim can sue them for breach of warranty.

Statutes of Limitation in Product Liability Cases

The statute of limitations refers to the time period in which the plaintiff must commence legal action. In both Pennsylvania and New Jersey, plaintiffs have two years from the date of their injury to file a lawsuit against the defendant. If they fail to meet this deadline, they forfeit their right to sue and seek financial compensation for their injuries and losses. Because of this time limit, it’s critical that you contact a product liability attorney as soon as possible after an injury. Our attorneys will immediately launch an investigation of your claim and begin strategizing to maximize the amount of compensation you are able to recover.