Under New Jersey law, manufacturers and sellers of products have a duty to make and sell reasonably safe products, fit for their intended or reasonably forseeable uses. Product manufacturers/sellers owe this duty to not only the direct user of a given product, but also reasonably forseeable users, as well as those who would reasonably be expected to come into contact with the product.
Under ordinary circumstances, a dangerous, defective product is proven by using one of three main theories: manufacturing defects, failure to warn and defective design principles. However, there is an alternative way to show that a product was defective and that is ordinary negligence.
In order for a person injured by a defective product to succeed against a manufacturer on a negligence theory, that person must show the following:
1. that the defendant was negligent in designing/manufacturing the product;
2. that the defect existed at the time the product left the control of the defendant and did not undergo a substantial change;
3. the plaintiff was a forseeable user/consumer; and
4. the defect was a proximate/legal cause of the plaintiff's injuries.
Negligence is usually defined as conduct which deviates from the standard of care established by law for the protection of others against unreasonable risk of harm. "Conduct" can be either acts or failure to act.
Manufacturers have a duty to exercise reasonable care in designing products. This duty applies when products are used, not only for their intended uses, but also for reasonably forseeable uses. This duty includes the obligation to exercise reasonable care during inspection of products and the duty to find visible or hidden defects in the product. Therefore, a manufacturer must conduct reasonable inspections to discover both any visible or hidden defects. In many situations, standards and customs within the given industry are important indicators of whether a manufacturer breached its duty to exercise reasonable care.
If you've been injured by a dangerous, defective product, it is vital that you speak to a qualified, experienced New Jersey/Pennsylvania dangerous products lawyer. The team at White and Williams has handled many dangerous products cases and has achieved much success. We serve accident victims in Pennsylvania and New Jersey and always offer a free consultation. 1-877-944-8396