How to Pursue a Product Liability Claim in NJ
Every day, the average consumer comes into contact with thousands of different products. If a manufacturer fails to ensure the safety of just one of these products, an unsuspecting consumer could suffer serious and potentially fatal injuries. If you have been injured by a defective product in New Jersey, get assistance while filing a product liability claim by contacting a defective product attorney.
Seek Medical Care
After any type of accident, incident or injury involving a product that appears to contain a defect, get medical care right away. Delaying health care services could give an insurance company a reason to deny your injury claim, as they may blame you for failing to mitigate your losses. Prompt medical care is also important for your physical health and safety. Keep all relevant medical records, bills and documents.
Report the Incident
Report the incident to the manufacturer of the item. Most consumer goods come in packaging that contains the manufacturer’s information. If not, you may need to do some research to locate the creator. You should also check the Consumer Product Safety Commission’s recall site to see if the item has been pulled from the shelves due to a safety issue. If the manufacturer passes you to an insurance company, do not give the insurance representative a recorded statement or accept a settlement offer without talking to an attorney.
Keep the Product and Packaging
Keep the defective product and all of its original packaging and materials. This may include instruction manuals and a receipt or proof of purchase. Collect other evidence, as well, including photographs of the item and your injuries, your medical records, and statements from any eyewitnesses.
Learn Your Rights
Product liability laws work in favor of consumers by giving them the right to pursue compensation without requiring proof of negligence. Negligence, or the failure to act with ordinary care, is the foundation for most personal injury claims. A product liability lawsuit, however, can be founded on the doctrine of strict liability.
A strict product liability claim requires an injured victim to prove that the item contained a design, manufacturing or marketing defect and it caused the injury or loss being claimed. The victim does not need to prove that the manufacturer was negligent or careless, such as by giving the item a dangerous design or failing to warn of potential risks.
Check the Filing Deadline
An important law to know when pursuing a product liability claim is New Jersey’s statute of limitations. This law imposes a strict deadline for filing. In general, claimants in New Jersey have no more than two years to come forward with personal injury cases. Failure to take legal action against a product manufacturer within two years of the accident or injury discovery could lead to you losing the right to seek financial compensation.
Hire a Personal Injury Attorney
Before you engage in the complicated legal process of pursuing compensation for a defective product in New Jersey, contact a personal injury attorney in Jersey City. A product liability lawyer can help you understand your legal rights and take action against a manufacturer, distributor, retailer or other parties involved in the incident. You can count on your attorney to pursue maximum financial compensation for your medical bills, property repairs and other losses. In the meantime, you can focus on healing from your injuries.