Cherry Hill Product Liability Attorney

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Cherry Hill Products Liability Attorneys

Legal help when you are injured by a defective product in South Jersey

Product liability is an area of law that protects the general public from dangerous and defective consumer products. Companies make products and market them to consumers to meet consumer demands and to make money in the process. These companies, however, owe their customers a standard of safety, and when they fail to live up to this standard, innocent people can be seriously injured. This is where product liability law and a Cherry Hill product liability lawyer attorney come in.

The product liability attorneys at Ferrara & Gable represent people who have been injured by dangerous or defective products. We work to hold manufacturers and distributors responsible for exposing people to harmful products. In doing so, we make products safer — and we prevent the same kind of harm from happening to others in the future. Our Cherry Hill law firm represents people injured by a wide range of dangerous or defective products. In one instance, our attorneys secured a $5.5 Million jury verdict against General Motors on behalf of a 69-year-old Salem man who was paralyzed from the chest down in a car accident as a result of a defective seat belt. Read more about our verdicts and settlements.

Free Case Evaluation

Call 856-779-9500 now or fill out the form above to receive a free confidential consultation.

What is products liability?

Products liability law refers to the “liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain).” In other words, products with inherent defects that cause harm to a consumer are the subject of products liability lawsuits.

The National Safety Council (NSC) reports, “Following the record low number of consumer product-related injuries reported in 2020, injuries increased 6.8% in 2021 and 7.8% in 2022.” They also note that in 2022, 12.7 million people were injured by consumer products.

What are the three types of product defects?

Product defects can generally be categorized into three main types, each of which poses unique risks to consumers and can lead to product liability claims. These three types of product defects are:

Design defects. Design defects occur when a product's inherent design is inherently flawed, making it unreasonably dangerous to consumers, even when manufactured and used as intended. In other words, there is an inherent flaw in the product's design that makes it unsafe. These defects affect every unit of the product manufactured based on that design. Examples of design defects include poorly designed car brakes that fail to stop a vehicle adequately or a toy with small, detachable parts that pose a choking hazard to children.

Manufacturing defects. Manufacturing defects happen during the production or assembly of a product. Unlike design defects, manufacturing defects typically affect only a limited number of products within a production run and are not intended to be part of the product's design. These defects can result from errors in the manufacturing process, such as malfunctioning machines, low-quality materials, or poor quality control. For instance, a batch of contaminated medicine that causes illness due to a mistake in the manufacturing process would be considered a manufacturing defect.

Marketing or labeling defects. Marketing or labeling defects involve issues related to how a product is marketed, labeled, or accompanied by instructions or warnings. If a product lacks proper instructions for safe use, adequate warnings about potential risks, or clear labeling regarding ingredients or allergens, it can be considered defective. Marketing defects may also involve false advertising, deceptive packaging, or inadequate safety warnings. An example would be a medication that fails to provide adequate warnings about potential side effects or contraindications, leading to unexpected health risks for users.

Each of these types of product defects can lead to injuries or harm to consumers. When a defective product causes harm, victims may have grounds to pursue a product liability claim against the manufacturer, distributor, or other responsible parties to seek compensation for their injuries and losses. Our Cherry Hill personal injury attorneys can help.

What are examples of product defects?

Consumers may face many dangers when using everyday products. These examples can be classified according to the three main types of product defects:

Design defects

  • Automobiles. A design defect in a car's braking system that makes it prone to failure or an airbag system that deploys with excessive force.
  • Children's toys. Toys with small, detachable parts that pose a choking hazard due to an inadequate design.
  • Medical devices. An implantable medical device with a design flaw that causes it to malfunction or harm the patient.
  • Pharmaceuticals. A medication with a flawed chemical composition that leads to adverse side effects not initially foreseen.

Manufacturing defects

  • Food products. Contaminated or spoiled food items due to manufacturing errors, such as bacterial contamination during processing.
  • Consumer electronics. A batch of smartphones with defective batteries that are prone to overheating and causing fires.
  • Industrial equipment. A machine with faulty welding or assembly that poses safety risks to workers.
  • Clothing. Clothing items with defects like loose buttons, broken zippers, or sharp protruding objects that can injure wearers.

Marketing or labeling defects

  • Pharmaceuticals. Medications that lack proper warnings about potential side effects or contraindications.
  • Food products. Food items that fail to include proper labeling for allergens, potentially causing severe allergic reactions.
  • Cleaning products. Household cleaners that do not adequately warn against mixing with other chemicals, resulting in harmful chemical reactions.
  • Consumer goods. Deceptive advertising of product features or false claims regarding a product's performance.

It's important to note that these examples represent just a fraction of the potential product defects that can harm consumers. Product defects can occur in virtually any product category, from electronics to food to medical devices. When a product defect causes injuries or harm, victims may have grounds to pursue legal action against the responsible parties, seeking compensation for their injuries, medical expenses, and other losses. Consulting with a knowledgeable Cherry Hill products liability attorney is advisable for anyone facing such circumstances.

Who is liable for my injuries from a defective product in Cherry Hill?

The following parties may be liable for your injuries from a defective product:

  • The manufacturer of the product. The manufacturer of the product is responsible for ensuring that the product is safe and free from defects. If a product defect causes injuries, the manufacturer may be held liable.
  • The distributor of the product. The distributor of the product may also be held liable for injuries caused by a defective product, if the distributor knew or should have known about the defect and failed to take steps to warn consumers or remove the product from the market.
  • The retailer of the product. The retailer of the product may also be held liable for injuries caused by a defective product, if the retailer knew or should have known about the defect and failed to warn consumers or remove the product from the market.

In some cases, multiple parties may be held liable for injuries caused by a defective product. For example, the manufacturer, distributor, and retailer of a product may all be held liable if they all knew or should have known about the defect and failed to take steps to protect consumers.

If you have been injured by a defective product, you should contact an experienced product defect attorney at Ferrara & Gable to discuss your legal rights and options. A Cherry Hill attorney can help you to identify the responsible parties and to pursue compensation for your injuries.

How long do I have to bring a products liability lawsuit in South Jersey?

In New Jersey, the statute of limitations for filing a product liability lawsuit can vary depending on the specific circumstances of your case. Generally, the statute of limitations for product liability claims is two years from the date of injury or discovery of the injury, whichever is later.

However, New Jersey also has a statute of repose that places an overall limit on the time within which you can file a product liability lawsuit. The statute of repose for product liability claims in New Jersey is generally 10 years from the date the product was first sold, leased, or delivered by the manufacturer or seller. This means that even if you discover the injury more than two years after the date of injury, you generally cannot file a lawsuit if more than 10 years have passed since the product was first sold, leased, or delivered.

It's important to consult with a qualified attorney who understands product liability cases to understand how these statutes of limitations and the statute of repose apply to your specific situation. Failing to file a lawsuit within the applicable time limits can result in the loss of your legal right to seek compensation for your injuries and losses. Our Cherry Hill attorneys can help you determine the appropriate deadlines and guide you through the legal process to protect your rights and pursue a product liability claim.

Personal Injury Lawyers

Do you have a Cherry Hill products liability attorney near me?

Ferrara & Gable maintains an office at 601 Longwood Avenue in Cherry Hill, NJ. Parking is available, and a bus stop is right up the block on Rt. 38. We can schedule a phone or video consultation if you are too injured or ill to travel.

Skilled Cherry Hill products liability lawyers serving South Jersey

If you've been injured by a defective product, you deserve justice and fair compensation for your suffering and losses. Our experienced Cherry Hill product liability lawyers are here to fight for your rights and hold negligent manufacturers and sellers accountable for their actions. Don't let a defective product ruin your life — call our Cherry Hill offices or contact us today for a confidential consultation and take the first step toward securing the compensation you deserve. Proudly serving Camden County, Burlington County & all of South Jersey.