White and Williams LLP

New Jersey Defective Products-Design Defects

In our modern world where consumer choices for goods and products are as varied as the number of people, we are at the mercy of the manufacturers and sellers of the goods we buy.

These goods are mass produced and component parts come from other countries where quality and safety standards also vary greatly. What this means for the consumer is increased risks for injuries.

Under New Jersey law, manufacturers and sellers of good must make and sell goods that are reasonably safe and fit for their intended or forseeably intended use. New Jersey law protects not only the direct consumer, but also those who could come into contact with the product.

There are three types of dangerous product claims or product liability claims-manufacturing defects, failure to warn, and defective design claims.

One of the most common types of claims is the defective design claim. Under the defective design umbrella are three different types of claims-Consumer Expectation Test, Risk-Utility, and Reasonable Safer Design. Each of these subclaims require different levels of proof and will apply to a case depending on the facts. 

For more information, access our recent article about New Jersey dangerous products law and defective design claims.