Products Liability: Seeking Damages for a Defective Product

If you have suffered personal injury due to a defective product, you could be due compensation. In New Jersey, products liability laws lay out strict guidelines by which a manufacturer or seller of a product is held responsible for injuries caused by their products.

Most products liability claims are determined by the laws of the state where the product was sold. Products liability lawsuits usually seek damages from a party involved with the product, whether the company that brands it, or a party in part of its chain of distribution – the manufacturers of the parts, the party that assembled it, the wholesaler, or finally the retail store that sold it to you.

A products liability case will need to demonstrate at least one of three types of defects in the defective product.

Design defect – There is an aspect of the product, even before manufacture, which is inherently unsafe. For example, if a car’s gas pedal were designed in a way which could cause sudden, unintended acceleration. That product would have an unsafe design for its intended usage.

Manufacturing defect – At some point, the product’s manufacture departed from its design. Though unintended, the manufacturer would still be liable. For example, a seatbelt whose latch is able to slip open despite being designed to catch.

Marketing defect – This refers to a product’s inadequate warning against hazards or misuse. Some products, though useful, cannot be made entirely safe, and the customer must be warned. For example, an electric toaster must warn against contact with water; failure to do so would constitute a marketing defect.

What is the nature of the EOS Lip Balm lawsuit?

In January 2016, a class action lawsuit was filed against EOS Products on behalf of consumers who alleged certain EOS lip balms caused adverse reactions after application of the product. The physical symptoms were claimed to have lasted from a few days to a few months, with the possibility of long-lasting or permanent symptoms. This is an example of a marketing defect claim – the suit wants the company to include a warning on their packaging for potential adverse effects, as well as award damages to those affected.

How can I file a products liability claim against a defective product?

If you are in New Jersey, and have been injured by a defective product, we strongly advise you to contact David P. Schroth at 609-882-0041. With over twenty years of litigation experience in New Jersey, David Schroth is the best man available to seek redress for your products liability claim.

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