New Jersey Product Defect Notice

State:
Multi-State
Control #:
US-13250BG
Format:
Word; 
Rich Text
Instant download

Description

Providing notice of a product defect to its manufacturer, distributor, or seller is an essential step in the process of receiving compensation for injuries or damages proximately caused by that defect. Although strongly suggested, the formality of delivering such notice by certified mail, return receipt requested, is not required under states' laws, but it is helpful so that the consumer can have certainty that the notice was received.

How to fill out Product Defect Notice?

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FAQ

Distributors. A distributor can be held liable because in a strict liability action, liability can be extended to everybody in the chain of distribution. Particularly when the manufacturer is foreign and is not subject to U.S. laws, the distributor becomes next in line for all potential claims.

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain.

A product defect is any characteristic of a product which hinders its usability for the purpose for which it was designed and manufactured. Product defects arise most prominently in legal contexts regarding product safety, where the term is applied to "anything that renders the product not reasonably safe".

Though the range of defective product cases is broad, the claims typically fall into three categories of product liability: (1) defective manufacture; (2) defective design; or (3) failure to provide adequate warnings or instructions concerning the proper use of the product.

Product liability refers to the liability of any or all parties along the chain of commerce of any product for damage caused by that product....Product Liability for Manufacturing Defect ClaimsDefects in design.Manufacturing defects.Failure to warn.Breach of warranty.

With regard to products liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant's intent. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.

Who is responsible when you are injured by a defective product? In California, a product's manufacturer, distributor, and seller have an obligation to provide safe products to consumers. When shortcuts are taken, regulations aren't followed, or mistakes are made unsafe and defective products can end up on the market.

Even though a retailer may not have manufactured or distributed a defective product, they can be held liable for any injuries or losses caused by a product they sold.

Consumers are not always aware of the many different ways products can harm them. In general, a product defect will fit into one of three categories....Marketing DefectIncorrect user instructions.False claims.Failure to warn consumer of risks.Advertisements encouraging improper use.Improper warning labels.

Strict products liability involves the commercial sale of defective products. In most states, any retail, wholesale, or manufacturer who sells an unreasonably dangerous, defective product that causes injury to a user of the product is strictly liable.

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New Jersey Product Defect Notice