Product Liability Experience You Need to Get Results
Product liability is an important area of law that protects the general public from dangerous and defective consumer products. Companies make products and market them to consumers in order to meet consumer demands and to make money in the process. These companies, however, owe their customers a standard of safety, and when they fail to live up to this standard, innocent people can be seriously injured. This is where product liability law and a product liability lawyer attorney comes in.
Product Liability Attorney
The Ferrara Law Firm, LLC, represents people who have been injured by dangerous or defective products. We work to hold manufacturers and distributors responsible for exposing people to harmful products. In doing so, we make products safer — and we prevent the same kind of harm from happening to others in the future. Our New Jersey Law Firm represents people injured by a wide range of dangerous or defective products. There are several ways in which products may be considered dangerous or defective within the legal system:
- Manufacturing defects: These defects can include the existence of bacteria in pre-packaged foods, such as e. coli, as well as glass or other contaminants in other packaged products.
- Design defects: Design defects include safety hazards in the design, such as when a saw lacks a safety guard or an auto component like a tire, airbag, or seatbelt is defective.
- Failures to warn: When a manufacturer fails to provide adequate warnings or instructions to caution the consumer of a known danger, they may be guilty of a product defect.
Our law firm’s founder — Michael A. Ferrara, Jr. — is recognized as a Certified Civil Trial Lawyer by the New Jersey Supreme Court and the National Board of Trial Advocacy. He has been selected as one of the Best Lawyers in America and as a Super Lawyer by New Jersey Monthly Magazine. Attorney Ferrara has also received the Gold Medal for Distinguished Achievement from the New Jersey Association for Justice. Additionally, he is one of only 500 attorneys in the world elected to be a fellow of the International Academy of Trial Lawyers.
Examples of Defective Products
Defective products can happen in every category of consumer goods, but there are specific examples that occur most commonly, including:
- Apparel (including children’s apparel) – Defective apparel is often related to defects regarding fire resistance, choking hazards, poor traction (footwear), fabric irritants, and more.
- Asbestos – Asbestos can lead to serious health conditions and even to death, and consumers should be – at the very least – duly warned of its inherent danger and its presence in any products that they purchase.
- Food Products – When a mass-produced food product is contaminated, it can lead to countless cases of food poisoning and other illnesses. When food producers do not implement necessary safety standards, they can be found responsible for the damage that ensues.
- Tools and Machines – Faulty tools and machines can lead to serious injuries, and manufacturers are required not only to meet all safety standards but also to inform consumers about potential dangers and how to operate the products safely.
- Toys and Children’s Products – Toys and other products made specifically for children must meet exacting safety standards, and when they do not, children can be seriously injured or worse. Choking hazards and toxic paints are common culprits.
- Medical Products and Devices – Medical products are intended to help us regain our health, and when they leave us injured instead, it can be especially devastating.
- Cars – We depend upon our cars to ferry us safely from place to place. When a car has a design flaw, a defective component, or another hidden danger, it can lead to extremely serious accidents and injuries.
- Recreational Equipment and Products – When the products we purchase for our recreational activities turn on us and leave us injured, it can be especially disconcerting.
Any of these examples can lead to a defective product lawsuit, and an experienced product liability attorney can help ensure that you recover on your damages in their entirety.
Product Liability Law
Manufacturers and those who sell products are responsible for ensuring that their products are not defective and are not dangerous for the consumers who purchase them. Further, if a component of the product is known to be potentially unsafe, the manufacturer is responsible for providing adequate warning.
The most common type of product liability lawsuit involves strict product liability, which refers to the distributor, seller, or manufacturer’s ultimate liability for the defective product in question – regardless of any fault on the part of the manufacturer. Even when a defendant takes the necessary reasonable steps to help ensure that a product is not defective, if that product, nevertheless, injures someone, the defendant can be held responsible under strict product liability. To be successful, a strict product liability case must prove several elements, including:
- The product that injured the consumer was sold in a dangerous or unreasonable condition to begin with (it did not become dangerous at a later date)
- The defendant expected the product to reach consumers in the condition that it did reach them.
- The product’s defect caused the consumer to be injured (and/or caused the consumer’s property to be damaged).
Product liability, however, can also be based on the defendant’s negligence, which is more difficult to prove than strict liability. To prove negligence, it is necessary to demonstrate that the company involved knew about the danger and did nothing – or too little – to rectify or mitigate that danger.
What to Expect in a Product Liability Lawsuit
Every product liability case comes with its own set of circumstances that guide the proceedings, but there are some basics that universally apply.
The Process
When it comes to product liability cases, there is a limited amount of time in which you can file a claim. While some cases settle, others go to court. In the event that your case ends up in court, your lawyer will likely present detailed evidence and call expert witnesses on your behalf. A product liability case can be a lengthy process, because large companies often have deep pockets, and they are often willing to pour considerable resources into fighting the bad press and losses that can come with a negative finding.
The Settlement
The settlement of a successful product liability case addresses the totality of the damages you suffered as a result of the defective product. These damages often include:
- The medical expenses you incurred as a result of the injury suffered such as emergency care and transportation, surgery and aftercare, rehabilitation, ongoing treatment from doctors and specialists, physical therapy, adaptive physical devices, home renovations to accommodate injuries, and home healthcare
- The cost of any property damage that ensues
- Lost hours and wages on the job experienced as a result of the injury you suffered (a serious injury can diminish your earning potential into the future and can even alter the course of your career)
- Any pain and suffering directly caused by the accident and subsequent injury (the negative emotional consequences of being injured by a product you have purchased can be significant).
If You Have Been Injured by a Defective Product, Contact Us Today
The dedicated product liability attorneys at The Ferrara Law Firm, LLC, proudly serve Cherry Hill, Vineland, and other locations throughout New Jersey and Eastern Pennsylvania, and we are here to help you with your defective product legal concerns. We are on your side, so please do not hesitate to contact or call us at 856-324-6156 or 888-874-8317 (toll-free) for a free case evaluation today. Hablamos español.
