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Overview: Product Liability New Jersey has an act dedicated to the are called the ?New Jersey Product Liability Act.? This aptly-named set of laws outlines the three theories under which an individual can seek to hold a manufacturer liable: defective design, manufacturing defect, or failure to warn.
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.
The entire chain of distribution can be held accountable for your injuries, from the manufacturer, to the distributer, to the retail seller of the defective or dangerous product.
Primary tabs Manufacturing defect, where the manufacturing of a product was done incorrectly. Design defect, where the design of a product itself was unsafe and there existed safer alternatives. Marketing defect, where there is inadequate warning of the product risks.
A products liability claim normally involves injury or damage caused by a defective product. Proving the claim usually involves one or more of three basic theories of liability: negligence, breach of contract/warranty, and strict liability.
They are: Negligence. Breach of warranties. Strict liability in tort. Misrepresentation.
In order to succeed on a claim for strict product liability, a plaintiff must show that: (1) the product was defective (2) when it left the defendant's hand, and that (3) the defect caused the plaintiff's injury.
More than one party can be held liable for the damages caused by a defective product. Apart from the manufacturer, the designer, the wholesaler, the retailer, and the other parties in the chain of distribution can be held liable for a product liability claim.
People who have been injured by defective products may be able to sue a wide range of parties that were involved in the chain of distribution. These may include manufacturers, retailers, wholesalers, suppliers, distributors, and more.
In such cases, victims can file a product liability claim against the party responsible in order to recover compensation for losses related to injuries and damage. There are three major types of product liability: manufacturing defects, designs defects, and failure to warn.