Elements of a Product Liability Claim

product liability claim

As a consumer, you have the right to expect products to be safe and free from defects. However, that's not always the reality. Defective products can cause serious injuries or death. If you've been injured by a defective product, you may have grounds to file a product liability claim.

1. The Defective Product

The first element of a product liability claim is the defective product. Three types of defects can make a product defective: design defects, manufacturing defects, and marketing defects. A design defect occurs when the product is inherently dangerous due to its design. A manufacturing defect occurs when the product is not made according to its intended design. A marketing defect occurs when the product is marketed in a way that does not adequately warn consumers of its dangers.

2. The Injury

The second element of a product liability claim is the injury. In order to have a valid claim, you must have suffered an injury as a result of using the defective product. This injury can be physical, emotional, or financial.

3. The Causation

The third element of a product liability claim is causation. You must be able to prove that the defective product caused your injury. This can be difficult, as other factors may contribute to your injury.

4. The Breach of Warranty

The fourth element of a product liability claim is the breach of warranty. A warranty is a promise made by the manufacturer or seller of a product regarding its quality or performance. If the product doesn't meet the warranty terms, you may have a claim for breach of warranty.

5. The Negligence

The fifth element of a product liability claim is negligence. Negligence occurs when the manufacturer or seller fails to exercise reasonable care in the product's design, manufacture, or sale. If you can prove that the manufacturer or seller was negligent, you may be able to recover damages for your injuries.

New Jersey Personal Injury Attorneys

The The Law Offices Of James C. DeZao can help you navigate the complex world of product liability claims and protect your rights. Contact us today at (973) 358-6134 to schedule a free consultation.

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