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The Different Types of Product Liability Claims


When you purchase a consumer product, you expect that the company that's marketing or selling the item has sufficiently tested it to ensure that it doesn't provide a safety risk. In the rush, however, to be the first to market with a new product, many manufacturers cut corners, often with respect to the potential dangers of a product. If you or someone you love has been hurt because a dangerous or defective product, you can file a product liability claim to recover compensation for your losses. Here are the three ways you can bring a legal action related to a injuries suffered from a consumer product.

The Product Was Negligently Designed

A product manufacturer/marketer has a duty to exercise care in the design of a product, so that it does not pose an unreasonable risk of injury to users or others. With a design defect, it's understood that, regardless of the quality of materials or the skill with which the product was manufactured, its design is inherently flawed and likely to cause injury. With a claim for negligent design, you must show that a reasonable person would have been aware of the potential risk caused by the design and would have either re-designed the product or put appropriate warnings on the product label.

The Product Was Negligently Manufactured

This type of lawsuit contends that the product was carelessly manufactured. Such a claim could be based on:

  • An allegation that substandard materials or components were used
  • Evidence of a failure to monitor or supervise workers who were assembling or constructing the product
  • Evidence that workers were careless in the actual assembly of the item

The Product Did Not Contain Adequate Warnings

The manufacturer of a product must include appropriate warnings on a product about any safety or health risks that would be reasonably anticipated, especially those that might not be obvious to the user.

Contact Mallon & Tranger

We offer a free initial consultation to anyone in New Jersey who has been hurt because of a dangerous or defective product. For a meeting, contact us online or call us at 732-702-0333 (toll free at ) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

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