How to Prove a Product Liability Claim in Personal Injury Cases in New Jersey

Proving a product liability claim in personal injury cases in New Jersey can be a complex process. However, understanding the necessary steps and requirements can help you navigate this legal landscape effectively. In this article, we will explore the key elements involved in proving your claim.

1. Identify the Defective Product

The first step in establishing a product liability claim is to pinpoint the specific product that caused your injury. This can involve determining whether the product was defective in design, manufacturing, or lacked adequate warnings and instructions. In New Jersey, the product must be shown to have been in a defective state when it left the manufacturer or retailer’s control.

2. Establish the Type of Defect

New Jersey law recognizes three distinct types of product defects:

• Design Defects: The product's design is inherently unsafe, leading to an unreasonable risk of harm.
• Manufacturing Defects: The product deviates from its intended design during the manufacturing process, resulting in safety hazards.
• Marketing Defects: Insufficient instructions or failure to warn consumers about potential risks associated with the product.

3. Link the Defect to Your Injury

It is essential to demonstrate that the product defect directly caused your injury. This connection can be established through medical records, expert testimony, or documented evidence showing how the product malfunctioned and resulted in harm.

4. Prove That You Were Using the Product as Intended

To succeed in your product liability claim, you must show that you were using the product in a manner that was intended by the manufacturer or in a reasonably foreseeable way. If you misused the product, it may weaken your claim.

5. Gather Evidence