Product liability

What is product liability?

Product liability is the broad area of law addressing claims against manufacturers, distributors and sellers for injuries caused by defective or dangerous products they placed into commerce.

New Jersey's Product Liability Act establishes the specific statutory framework governing these claims, generally treating them as the exclusive remedy for product related harm rather than allowing overlapping common law theories.

The framework recognizes three distinct theories of defect, each requiring somewhat different proof and each applying to a genuinely different kind of product failure.

Understanding which specific theory or theories genuinely apply to your particular situation shapes the entire strategy and evidence needed from the very outset.

What are the three recognized theories of defect?

Each theory addresses a fundamentally different way a product can cause harm.

• Manufacturing defect, where a specific unit deviated from an otherwise sound design
• Design defect, where the underlying design itself was unreasonably dangerous
• Failure to warn, where inadequate warnings or instructions rendered an otherwise sound product dangerous
• These theories can, and frequently do, overlap within a single case

Who can potentially be held liable?

Liability can potentially extend across the entire chain of commerce, though the specific analysis differs somewhat depending on each party's particular role.

Manufacturers bear primary responsibility for defects in design and manufacturing, since they control those specific processes directly.

Distributors and retailers can sometimes face liability as well, particularly regarding their own specific role in the chain, though this analysis varies depending on the specific circumstances and applicable state law.

Component part manufacturers can also potentially face liability where their specific component was itself defective and caused the resulting harm.

What must generally be established in any product liability claim?

That the product was genuinely defective under one of the recognized theories, and that this specific defect actually caused the claimed injury.

That the product was being used in a reasonably foreseeable manner, since deliberately unforeseeable misuse can defeat an otherwise valid claim.

Preserving the actual defective product itself, along with any relevant packaging, is genuinely critical evidence, since claims become considerably more difficult to establish without the physical product available for examination.

Common questions

Can I sue the store where I purchased a defective product, not just the manufacturer?

Potentially yes, depending on the specific circumstances and the retailer's own role, though the manufacturer generally bears primary responsibility for genuine design and manufacturing defects.

What if I was using the product somewhat differently than its intended purpose?

The relevant standard is generally reasonably foreseeable use rather than only the manufacturer's specifically intended use, so ordinary, foreseeable misuse does not automatically defeat a claim.

How long do I have to bring a product liability claim in New Jersey?

Generally the same statute of limitations framework applies as to other personal injury claims, though specific nuances can apply depending on the particular circumstances.