When you use a product, you don’t expect it to injure you. Companies are required to follow safety standards when they design and manufacture products for public use. Nevertheless, millions of consumers are treated for injuries caused by consumer products. When this happens, you, as the consumer, can be entitled to damages in a product liability claim.
If you were harmed by a defective or dangerous product in Monmouth County, New Jersey, the product liability lawyers at Noonan & McMahon, LLC , can help. Our experienced Monmouth County product liability lawyers have four decades of combined experience helping victims recover the compensation they deserve after accidents caused by defective products. If you need legal advice, our team is ready to answer your questions. Call (732) 303 7857 now to schedule a free consultation to talk about your next steps toward financial recovery.
How the Product Liability Lawyers at Noonan & McMahon, LLC, Can Help You After a Defective Product Injury in Monmouth County
If you were injured due to a defective product in Monmouth County, NJ, you deserve to understand how your injuries were caused, who was responsible, and how to pursue financial compensation when possible. Product liability cases often involve complex litigation due to the details involved and the investigation required.
Large corporations that make consumer products will have teams of attorneys, experts, and insurance adjusters on their side to protect profits and defeat consumer claims. Product manufacturers depend on injured litigants being outnumbered and overwhelmed by their defense team. Hiring an experienced New Jersey product liability lawyer can help you even the playing field and fight for the compensation you are entitled to.
The Monmouth County personal injury attorneys at Noonan & McMahon, LLC, will go toe to toe with corporations, their legal teams, and their insurance companies to maximize your potential recovery after a devastating injury. When you retain our law firm, we will:
- Carefully investigate the exact product defect that led to your injuries–including whether the product was previously recalled by the FDA or any other agency
- Collect evidence supporting your claim, including expert opinions and reports
- Calculate the total worth of your claim, including damages for reduced earning capacity, therapy and rehabilitation, future medical needs, and pain and suffering
- Negotiate with insurance companies and defense attorneys to fight for a fair settlement
- File a product liability lawsuit and represent you in court if the other side fails to offer a reasonable settlement.
Compared to some other personal injury lawsuits, product liability claims are complex, time-consuming, and easy to mishandle if you do not have quality legal representation. Our dedicated product liability attorneys will be happy to do the hard work for you and keep you informed every step of the way. Call our legal team today for a free consultation to have your questions answered.
What is the Value of My Monmouth County Product Liability Claim?
Every product liability case is unique and comes with its own facts and circumstances. How a product goes wrong and how a person is injured can vary from one incident to another. The value of a claim depends on the facts and who is involved. For example, if many people were injured by the same defect as you, that can boost the value of your own claim. If the defendant is a small business instead of a large corporation, however, that could lower your claim’s value in the end.
Factors that can affect the value of your product liability claim in New Jersey might include:
- The product and the specific defect involved
- Whether the manufacturer knew or should have known about the risks
- Your injuries and medical bills involved
- Your pain and suffering and mental anguish
- Whether you lost income and/or future income due to the accident
- Whether you were using the product as it was intended when the incident happened
- Whether you suffered short-term or permanent disability due to the defect
These and other factors can impact your claim’s value. Contact a Monmouth County product liability lawyer today to discuss the facts of your claim and its potential worth.
How Much Does It Cost to Hire a Monmouth County Product Liability Lawyer?
Most personal injury lawyers in New Jersey, including those at our firm, work on a contingency fee basis. This type of fee arrangement allows people struggling with financial hardship to get quality legal help without facing upfront costs. Instead, you would be responsible for attorney’s fees only if your lawyer recovers financial compensation in your product liability claim. If you lose your case, you are not obligated to pay attorney’s fees at all.
If your case succeeds, your lawyer will receive an agreed-upon percentage of your settlement or jury verdict award. To learn more about our contingency fee arrangements in product liability cases, contact our law office today.
What Is Product Liability in New Jersey, and How Do I Prove My Case?
Manufacturers, distributors, and retailers of consumer products are responsible for ensuring the safety of products released into the market. For some inherently dangerous products, such as chemicals and power tools, companies have duties to warn consumers about any known risks connected to the product. Sadly, millions of consumers are injured each year due to defective products released to the public.
If a company releases a product that is defective or known to be dangerous but improperly labeled, that company can face legal liability for injuries that happen as a result. Legal liability can include an order to pay money damages to consumers injured by the product in question.
Under New Jersey law, a manufacturer or seller of a defective product can be liable in a product liability claim if the consumer proves by a preponderance of evidence that the product:
- Deviated from design specifications or performance standards (manufacturing defect);
- Did not contain adequate instructions or warnings (failure to warn); or
- Was designed in a defective manner (defective design).
Under a preponderance of evidence standard, the product liability plaintiff need only prove that it was more likely than not that the product failed under any of the above criteria and the plaintiff was injured as a result.
As stated above, there are three main categories under New Jersey law under which a product liability claim can fall.
Manufacturing Defect
A manufacturing defect exists when the claimant can prove the product deviated from its normal design specifications or performance standards. In other words, most other models of the same product did not carry the defect, but the product in question was defective and caused injury. The plaintiff must also show that some degree of negligence was involved in the manufacturing defect. For example, if a product’s specifications call for a certain material to be used, and the manufacturer uses a substandard material for some of its products, this can lead to manufacturing defects and injuries to consumers.
Defective Design
Under New Jersey law, a product is designed defectively in two general situations: when the product’s risks outweigh its benefits to consumers or when the product could have been designed differently in a way that would lower or eliminate risk to consumers. Defective design cases depend heavily on the facts involved and will often require expert testimony. Experienced New Jersey product liability lawyers, however, would be able to navigate a defective design lawsuit to advance their client’s claim.
Failure to Warn
A product liability claim can also be proven under the “failure to warn” theory. To do so, the plaintiff must prove that the manufacturer was aware of a product feature that posed a risk of danger to consumers–and failed to warn consumers about that danger. For example, if a material used in the product happens to be highly flammable, it must contain a warning about its flammability. If not, the company’s failure to warn can cause serious injuries to consumers. Proving a claim under this theory also involves showing that most ordinary consumers would not have otherwise been aware of the product’s dangerous feature.
We’ll Fight to Recover Compensation for Your Injuries in a Product Liability Claim
Common injuries in New Jersey product liability claims can include:
- Broken bones
- Burns
- Lacerations
- Soft tissue damage
- Concussions
- Traumatic brain injuries
- Spinal cord injuries
- Neck & back injuries
- Nerve damage
- Vision or hearing loss
- Illnesses due to chemical exposure
- Respiratory damage
- Worsened conditions due to defective medical devices
- Catastrophic injuries
- Wrongful death
No matter what injuries you or a loved one suffered, our Monmouth County personal injury attorneys will help you file a product liability claim and pursue fair compensation.
How Long Do I Have to File a Product Liability Lawsuit in New Jersey?
The statute of limitations in New Jersey for injuries caused by product liability is two years from the date of the accident in most cases. Your attorney will prepare a lawsuit that makes a strong claim on your behalf and meets the filing deadline.
Contact Our Monmouth County Product Liability Lawyers To Discuss Your Next Steps Today
Accidents happen, but if you were injured due to a defective product, you should not have to bear the full burden of your losses on your own. You have legal options if you were hurt due to negligence in a product liability case. Our experienced Monmouth County product liability lawyers can help you move forward with a product liability claim. Contact our law office to schedule your free consultation today.