What is a typical product liability case?
Let's say a brand-new power mower backfired and injured you. You can try to recover damages by proving that the manufacturer of the lawn mower made a defective product. Most courts today hold companies responsible for a defective product strictly liable to consumers and users for injuries caused by the defect. The product may have had a design flaw or a manufacturing defect. Another possibility may be that the producer or assembler failed to provide adequate warning of a risk or hazard or failed to provide adequate directions for a product's use.
What should you do if you are injured by a product?
Keep the evidence. If a heating fixture ruptures and injures someone in your family, keep as may pieces of the equipment as you can find and disturb the site as little as you can. Make note of the name of the manufacturer, model and serial number. Keep any packaging or instructions. Keep any receipts showing when and where the product was purchased. Take pictures of the site and of the injury. Make a record of exactly when the incident occurred and under what circumstances. Be sure you have accurate names and addresses for all doctors and hospitals treating the injured victim.
Is there any other basis for personal injury besides negligence?
Yes! Strict liability is an important and growing area of tort law. It holds designers and manufacturers strictly liable for injuries from defective products. In these cases, the injured person does not have to establish negligence of the manufacturer. Rather, you need to show that the product was designed or manufactured in a manner that made it unreasonably dangerous when used as intended.
What happens if I file a lawsuit?
You become the "plaintiff" in the case and the person who injured you becomes the "defendant." Lawyers for each side (and for the insurer) typically begin gathering facts through exchange of documents, written questions ("interrogatories") or "depositions" (questions that are asked in person and answered under oath). This process is called "discovery." After discovery, many cases get settled before trial.
What will I get if I win my case?
If you win, a judge or jury awards you money, known as damages, for your injuries. That amount can include compensation for such expenses as medical bills and lost wages, as well as compensation for future wage losses. It also can compensate you for physical pain and suffering. In addition, you may receive damages for any physical disfigurement or disability that resulted from your injury.
What does it mean to settle a case?
Settling a case means that you agree to accept money in return for dropping your action against the person who injured you. You'll actually sign a "release" absolving the other side of any further liability. To help you decide whether to accept the settlement offer, we will be able to provide a realistic assessment of whether a lawsuit based on your claim will be successful. (Settlement also can take place at any point in a lawsuit once it is filed, including before trial or even after a case has been tried but before a jury reaches a verdict.) The decision to accept a settlement offer is yours, not the ours.
Does a product liability lawsuit have to be filed within a certain amount of time?
The State of New Jersey has certain time limits, called "the Statute of Limitation," that govern the period during which you must file a lawsuit. In New Jersey, you have as little as two years from the date the product liability occurred. If you miss the statutory deadline for filing a case, your case is thrown out of court. You should immediately discuss the time limits in your with an attorney from Michael J. Glassman & Associates.
If you think that you or a member of your family has been seriously injured as a result of a defective product, it is imperative that you immediately secure the product and speak to one of our attorneys at 856.772.0040 or 888.234.4421 (toll-free). This will allow us to get an expert (or experts) to inspect and photograph the product and its "environment". Care must be taken in any expert investigation that, wherever possible, the condition of the product not be materially altered. Also, destruction of the product results in grave consequences.
Remember, our initial consultation is free of charge . If we agree to take your case, we will work on a contingent fee basis, which means the fee you pay is a percentage of the amount of money that we recover for you. Don't wait to call! You may have a valid claim and be entitled to compensation for your injuries.
