Serving New York & New Jersey including Bergen, Essex, Middlesex, Monmouth, Morris, Passaic and Sussex Counties
Considering how many government agencies devote their time to protecting U.S. consumers from defective products, it is remarkable how many such products cause injuries in this country
each year. In spite of our guardians, including the U.S. Consumer Products Safety Commission, the Occupational Safety and Health Administration (OSHA), the Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), and the National Highway Traffic Safety Administration (NHTSA), many tens of thousands of product liability claims have been filed during the last year and that number is rising, especially in regard to automotive defects.
Although not everyone who is harmed by a defective or dangerous product files a lawsuit, many of those who do file a claim win substantial damages. If you have been personally injured by a defective product in New Jersey, Nagel Rice LLP is extremely well-prepared to fight aggressively to win your case. Our firm collects no attorneys’ fees unless we are successful in winning you the compensation you deserve. Our national reputation is based on our keen attorneys and our outstanding track record of success — our New Jersey personal injury attorney has won over $1 billion in verdicts and settlements for our clients over the years. You can depend on us to stand up for you in your time of need. At Nagel Rice LLP, we try cases, and we produce results.
In product liability cases, strict liability applies. This means that a manufacturer, distributor, or seller of a defective or dangerous product is considered responsible if an individual is injured by that product, whether or not the defendant was negligent. As a matter of fact, even if precautions were taken to avoid such a defect, the defendant can be held liable if the plaintiff suffered a serious injury as a result.
How Nagel Rice Will Prove Your Case
In order to prove strict liability, our attorneys must prove that:
- The product was sold in an unreasonably dangerous condition
- The plaintiff or the plaintiff’s property was injured by the defective product
- There were no warnings regarding the danger to consumers
- The product for its designated purpose, in the way it was intended
- The plaintiff’s injury was a direct result of the product’s defect
You should note that you may not have a winnable product liability case if:
- You ignored a warning that came with the product
- You used the product for a purpose for which it was not intended
- You felt endangered by the product but did not actually suffer an injury
- If you have been harmed as a result of using a defective product in New Jersey, you should contact our esteemed product liability attorneys.
We are experienced and empathic, fully aware that you have suffered emotional trauma as well as physical injury and poised to right the wrong that has been done to you to the best of our ability.
Common Types of Product Liability
Most of us have gotten small cuts or bruises from opening poorly designed packages, not to mention from using poorly designed devices. If, however, you have been seriously cut or punctured, burned, suffered a crush injury, poisoned or harmed in any other significant way by a product you have purchased, you may very well have a viable product liability case. Let Nagel Rice product liability attorneys handle it effectively. Product liability cases commonly involve:
- Automotive parts, such as airbags, brakes, tires, seat belts
- Children’s toys
- Cosmetics and grooming products
- Food products
- Medical devices
- Medications (both prescription and over-the-counter)
- Tools and lawn equipment
If one of these products has caused you serious injury, disease, or permanent disability, or has resulted in the death of a loved one, you should bring your case to Nagel Rice as quickly as possible. Time is of the essence, not only because there is a 2-year statute of limitations for personal injury cases in New Jersey, but because the sooner you come to us the sooner we can begin investigating the circumstances of your case and examining your medical records. The closer in time we are to the original incident, the more accurate evidence is likely to be.
Categories of Product Liability
There are three categories of product liability: design defects, manufacturing defects, and marketing defects. These categories essentially assign blame to the designer if there is a defect in the design, to the manufacturer if the safe design directions were not followed, and to the marketing team if the casing was defective, incorrectly labeled, or unaccompanied by necessary instructions or warning.
Class Action Lawsuits
Because in product liability cases, the injuries caused by a defective product often affect a great many people, sometimes a class action lawsuit is filed on behalf of the whole group of plaintiffs. At Nagel Rice, our attorneys are adept at filing both individual and class action claims. Depending on the specifics of your case, we will advise you as to whether your interest will best be served by being part of a class action suit or filing an individual claim.
Contact Our New Jersey & New York Product Liability Attorneys
If you have been seriously injured by a defective product, whether it is an airbag, a drill or an oven mitt, Nagel Rice’s sharp product liability attorneys will fight to obtain economic damages to compensate you for your medical and rehabilitation costs, your destroyed property, and your lost income. We will also work tirelessly to get you noneconomic damages to cover items that cannot be easily assigned monetary value, such as physical and emotional pain, disfigurement, or permanent disability.
Any accident is disorienting; one that involves personal injury is especially distressing. Make Nagel Rice LLP your port in this storm. We are excellent negotiators as well as first-rate litigators and fighting for your rights is our first priority. Give us a call, send us an email, or fill out a contact form on our website. We are here to offer you support as well as excellent legal representation.