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Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness. This will typically depend on the jurisdiction within which the claim is based, due to the fact that there is no federal products liability law.

Under the specific consumer expectations test, a defendant is liable if consumers expected such a product to reduce a particular risk, and the product in fact increased that risk.

A standard clause that is intended for use in a supply of goods agreement, manufacturing agreement or distribution agreement, which deals with liability where there is a defect in the product.

Steps to File a Product Liability Claim Initially, the injured party must establish that they have been harmed by a defective product. From there, it's crucial to gather evidence, which should include the product itself, medical records, and any other documentation of damages incurred.

In 1987, the New Jersey Products Liability Act, N.J.S. 2A:58C-1 thru 7 was enacted. It was intended as a “remedial” measure “to establish clear rules with respect to certain matters… including certain principles under which liability is imposed and the standards and procedures for award of punitive damages.” N.J.S.

Products should comply with industry and government safety standards. Labels, warnings and instructions should adhere to these standards and be prominent, understandable and provided where applicable. A regularly scheduled safety review should confirm that products comply with the latest standards.

All standard auto insurance policies issued after January 1, 2023, must provide at least: $25,000 in bodily injury liability per person. $50,000 in bodily injury liability per accident. $25,000 in property damage liability per accident.

The statute of limitations for product liability claims is generally two years in New Jersey. This time period is important to understand because it means that you will have two years from the date of your injury to take legal action.

Proving that a defect directly caused an injury is the linchpin of a product liability case. It's not enough to show that a product is defective; one must demonstrate that the defect was the actual and proximate cause of the injury. This causal link is what turns a complaint about a product into a viable legal claim.