Most consumers expect and assume that consumer and household products are safe to use. Unfortunately, potential hazards due to a product’s design, manufacture, distribution or instruction/warning are nearly impossible to prevent. For example, a Montgomery County woman is currently suing Howmedica Osteonics, a New Jersey company responsible for manufacturing an artificial hip replacement system, for various injuries she allegedly sustained as a result of having a hip device implanted in her body. The woman claims that significant corrosion of the artificial hip replacement system existed, which caused heavy metal contamination in her body. In addition, the complaint states numerous potential causes of action including breach of express warranty, strict products liability, negligence and negligent misrepresentation.
Pursuant to the New Jersey Product Liability Act (N.J.S.A. 2A:58C-1 through 7), a person who has sustained injuries caused by a defective product has a cause of action for recovery, very similar to traditional notions of strict liability. Moreover, in New Jersey, both the manufacturer and the seller of a product have a duty to make and sell a product that is reasonably fit, suitable or safe for its intended purpose or reasonably foreseeable uses. To prevail on a products liability claim, the plaintiff must prove that the product causing their injury or harm was not reasonably safe for its intended purpose or foreseeable use because of: (1) a manufacturing defect; (2) a failure to adequately warn or instruct; or (3) a design defect.
If you were injured by a dangerous or defective product, my job is to show that manufacturers or distributors failed to take basic steps to ensure the safety of the end user.
If you believe you have such a claim, call Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, at 973-898-0161 for a free phone consultation. By contacting an experienced attorney early on, you can make sure that the defective product or machine is legally preserved for examination and inspection by our experts.