New Jersey Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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FAQ
An implied warranty of fitness for a particular purpose is similar, but the focus is on the consumer, not the merchant. Under this warranty, New Jersey Law requires that the product sold must be fit for the buyer's purpose, if the seller knew or reasonably should have known what the buyer's purpose was.
You may award punitive damages to (plaintiff) only if you find that (plaintiff) has proved certain additional matters. N.J. 212, 224 (2008) found that the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-15-5.9, et al.
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.
Usually, in a homicide, the prosecutor must prove that you acted knowingly or purposely in killing the person. Another example of a strict liability crime is unlawful possession of a weapon. Many who come to New Jersey are understandably shocked when they are arrested for possession of a weapon in the second degree.
Strict Liability With regard to products liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant's intent.
Strict liability leads to liability regardless of fault. If the cause of action were one of strict liability, then the defendant would be held liable even though they were not at fault, that is, the defendant's actions were not intentional, reckless or negligent.
Strict liability focuses on the product, not the conduct of the parties. For strict liability to apply it must generally be established by a plaintiff that: The product was in the same condition at the time of the injury as when it left the manufacturer and; The product was the proximate cause of the injuries.
A breach of express warranty requires a vehicle or other product buyer or a person with a right to enforce a vehicle or other product warranty (whether a consumer or business) to prove that: The consumer or other person was provided with an express warranty by a merchant.