The Different Legal Theories in Product Liability Claims
When you purchase consumer goods, you expect that the designers, manufacturers and distributors of the product have taken your safety into consideration. Unfortunately, that’s not always the case. There’s a lot of pressure to be the first to bring a new product to the market and that often results in short cuts, including the failure to properly test the goods.
When you have been hurt because of the malfunction of or your exposure to a dangerous or defective product, there are a number of legal theories upon which you can bring a claim:
- Negligence—Most personal injury claims are based on allegations of negligence. To prove negligence, you must show that the at-fault party breached the duty of care (did not act as a reasonable person would), the breach caused an accident, and you suffered actual loss because of the accident.
- Misrepresentation—There are two types of misrepresentation (also known as fraud): criminal fraud and tortious fraud. A product liability claim may be based on a theory of tortious misrepresentation. That typically involves false or misleading information on or related to the product. For example, a manufacturer or distributor may intentionally or carelessly make representations about the use of the product that are not true. If, upon reliance on those false statements, you suffer injury, you may have a claim for tortious misrepresentation.
- Breach of warranty—The manufacturer may make express warranties about the quality of the product. In addition, there are certain implied warranties relating to products, including an implied warranty of merchantability, and an implied warranty of fitness for a particular purpose
- Strict liability—Under a theory of strict liability, there’s no need to demonstrate negligence or carelessness by the designer, manufacturer or distributor of a product. Strict liability is typically imposed by statute.
In New Jersey, all potential product liability claims are covered by the New Jersey Product Liability Act.
Contact Attorney Gregg A. Wisotsky—Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.