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Product Liability and Defective Products Contact Practice Group 
Most consumers assume that products are adequately tested and approved as safe before they are marketed. This assumption is neither correct nor safe as recent recalls of products from China containing lead paint and repeated reports about dangerous prescription drugs show. Products may be defective because the manufacturer could have used an alternative design which would have eliminated the danger; even if the defect cannot be eliminated using an alternative design, the manufacturer does not adequately warn of the risk and inform consumers how to avoid the risk. Products may also be defective because they do not comply with the specifications for their manufacturer. The party claiming injury has the burden of demonstrating which of these defects existed and how that defect caused injury. In many states, including Pennsylvania, product manufacturers, sellers and distributors of products found to be defective are liable for injuries caused by the products even if they were not negligent. This is called strict liability. In New Jersey, actions involving defective products are governed by the State’s Product Liability Act which modifies, to some extent, the principles of strict liability. Because of the complexity and varied nature of many products on the market, product liability litigation is itself very complex and highly specialized. Williams Cuker Berezofsky has had extensive involvement in many difficult and complex product liability cases and has obtained recoveries for our clients for their pain and suffering, disabilities and impairments and economic losses resulting from injuries from defective products. If you believe that you have been injured by a defective product and wish to consult us about a potential claim, please submit a case inquiry form. A member of our product liability litigation team will reply. |
