New Jersey Product Liability Lawyers

Product boxes in a shopping cart to represent product liability

As a well-established personal injury law firm serving clients throughout New Jersey, Nagel Rice, LLP is proud of our successful record defending the rights of victims of product liability.

Product liability refers to the legal responsibility that manufacturers, distributors, suppliers, and retailers hold to ensure their products are not harmful to consumers. When these products cause injury due to defects or misleading information, the injured party is entitled to seek compensation. 

If you have suffered serious harm as a result of product liability, our skilled, compassionate attorneys are well-positioned to help guide you through the legal system to bring you the justice you seek and the damages you deserve. Contact us now for a free consultation to discuss your options. Our legal team knows the ins and outs of state and federal law and has a long history of successful outcomes both through negotiation and litigation, having won over $1 billion for our clients during our 40 years in practice. And remember, as our client, you will be charged no attorneys’ fees until we win your case.

Government Agencies Established To Protect Consumers From Product Liability

Several government agencies are tasked with protecting the public from dangerous products. Key among them are:

The Consumer Product Safety Commission (CPSC) oversees the safety of consumer products such as toys, electronics, and household products.

The U.S. Food and Drug Administration (FDA) regulates food, pharmaceuticals, medical devices, and cosmetics to make sure these products are safe and effective.

The National Highway Traffic Safety Administration (NHTSA) manages the safety of automobiles and parts.

The Occupational Safety and Health Administration (OSHA) keeps workplaces safe.

The Environmental Protection Agency (EPA) keeps the environment safe for the public.

Despite all these government agencies in place to protect us from defective products, product liability claims continue to be filed. Many tens of thousands are filed each year involving a wide variety of products, and that number is rising, especially regarding automotive defects.

Common Types of Product Liability

A broad range of products continue to injure the public, including, but certainly not limited to:

  • Toys and children’s products (equipment, furniture, clothing)
  • Cars and automotive components (airbags, brakes, tires)
  • Kitchen equipment and appliances (toasters, mixers)
  • Tools, machinery, and lawn equipment
  • Cosmetics and grooming products
  • Food products
  • Medical devices (e.g. transvaginal mesh)
  • Medications (both prescription and over-the-counter)

Our lawyers have an in-depth understanding of the specific risks and regulations associated with each product category that enables them to best defend your rights.

Class Action Suits

When a defective product affects a large group of people, those affected may file a class action lawsuit. This legal action allows individuals to combine their resources and claims against a defendant, making it more efficient and cost-effective to seek justice and compensation. At Nagel Rice, our attorneys are adept at filing both individual and class action claims and will determine which will yield the best results in your case.

Types of Design Defects

Design defects can be broadly categorized into:

Design Flaws: Inherent errors in the product design that make it dangerous.

Manufacturing Defects: Errors that occur during the production or assembly of the product.

Marketing Defects: Inadequate instructions or failure to warn consumers about potential risks.

We will customize our legal strategy depending on which type of defect has caused your injury.

If you or a loved one has been harmed by a defective product in New Jersey, you should contact our product liability attorneys promptly since there is a 2-year statute of limitations for personal injury claims and because evidence can be gathered much more effectively if you act quickly.

The closer in time we are to the original incident, the more accurate evidence is likely to be.

Services We Provide to Victims of Product Liability

At Nagel Rice, LLP, our refined approach to your product liability case involves:

  • Investigation and Gathering of Evidence: We meticulously collect and analyze evidence from all aspects of the case, from the defects of the product itself to the particular circumstances of your injury.
  • Consultation with Medical and Technical Experts: Our network of professionals helps us (and the judge or jury if we go to trial) understand the technical failures that caused your injury and the long-term medical implications of your diagnosis and treatment.
  • Strategic Legal Planning: We will do sufficient research to tailor a legal strategy that aligns with the unique aspects of each case.

How Product Liability Is Proven

Proving product liability involves establishing the following:

  1. Defect in the Product: The product was inherently defective if used as intended while never in the consumer’s hands.
  2. Causation: The defect directly led to the consumer’s injury or loss.
  3. Quantifiable damages: The consumer suffered financial harm (e.g., medical costs or loss of income) because of the product’s defect.
  4. Evidence, expert testimonies, and legal analysis provide proof of product liability,

Why Certain Cases May Not Be Winnable

While many product liability cases are valid and viable, certain factors can complicate or negate some claims, such as those in which:

  • The plaintiff disregarded clear and reasonable warnings.
  • The plaintiff used the product in a way that was not intended or reasonably foreseeable.
  • The plaintiff felt endangered by the product but did not suffer an injury.

Legal Theories in Product Liability

There are several legal theories under which product liability cases can be pursued:

Strict Liability 

In product liability cases, the manufacturer is liable for any defects, regardless of whether they acted negligently. Under this doctrine, the injured party must prove only that the product was defective, the defect existed before the manufacturer released the product, and the defect caused harm. Even if precautions were taken to avoid such a defect, the defendant can be held liable if the plaintiff suffered a serious injury. The working principle here is that a manufacturer or seller is liable for producing or selling a defective product, regardless of intent or negligence. 


Negligence applies if the plaintiff’s injury occurred due to the defendant’s failure to take reasonable care. In such cases, the emphasis is on the manufacturer’s or distributor’s conduct. To establish liability, we must prove that the party acted negligently, leading to the production or distribution of a defective product causing harm.

Breach of Warranty

To prove a breach of warranty, we must demonstrate that the product failed to meet the terms of its expressed or implied assurance of safety, quality, or performance. This theory is rooted in contract law. It asserts that a manufacturer or seller has broken a stated or implied promise about a product’s quality or performance, leading to injury or harm.

Common Injuries Due to Product Liability

Injuries from defective products can vary widely but often include:

  • Burns, cuts, and lacerations from sharp edges or malfunctioning equipment or its packaging.
  • Broken bones and crush injuries, typically from especially heavy or unstable products.
  • Poisoning or illness from contaminated food products or toxic materials or unnoted potential side effects or interactions with other medications.
  • Choking, particularly in cases involving small children and toys.
  • Electrocution due to faulty wiring.

By examining your medical records carefully, we will be able to prepare a legal strategy based on the particulars of your injury, including diagnosis and long-term treatment.

Damages Our Attorneys Will Fight to Recover

At Nagel Rice, we are well aware of the physical, emotional, and financial trauma involved in product liability injuries. For this reason, once we study the details of your case, we will calculate the compensation you need to move forward and then fight tirelessly to obtain it. Though most personal injury cases are settled out of court, we always prepare for trial so that we stand the best chance of recovering maximum compensation for each of the following that apply:

  • Medical costs, present and future 
  • Lost wages and loss of earning capacity
  • Pain and suffering
  • Emotional anguish
  • Permanent disability
  • Permanent disfigurement
  • Loss of consortium
  • Loss of enjoyment of life
  • Wrongful death

In cases of egregious misconduct on the part of the defendant, such as knowing the danger of a defect in the product but choosing profit over consumer protection, punitive damages may also be awarded by the court.

Contact Our Experienced Product Liability Attorneys Today

Although it may be daunting to contemplate filing a lawsuit when you are overwhelmed by stress and pain, remember that you are not alone. Contact Nagel Rice for the powerful legal representation and moral support you need and deserve.

Nagel Rice LLP helps their clients with their product liability claims throughout New Jersey including Bergen County, Essex County, Middlesex County, Monmouth County, Morris County, Passaic County, and Sussex County.