call us now - 973.784.8630
3 men at a desk

Find out if you have a good case

What Should I Do if My Holiday Gift Was Defective?

With the holiday season officially behind us, many people will start to use the presents they unwrapped under the tree. But what happens if one of the gifts you received was defective? Even worse, what should you do if you were injured while using it? Our product liability lawyers answer this question in today’s blog post.

What Makes a Product Defective?

A defective product is a product that is dangerous when used for its intended purpose. This could include a toaster that catches on fire or a children’s toy that causes burns. Product defects are categorized into the following:

  • Defective design: A defective design is when the product’s designers do not design it in a way that is safe for its intended use.
  • Warning/marketing defects: Warning/marketing defects are when the supplier does not include details on how to safely use the product or does not warn against potential risks.
  • Manufacturing defects: Manufacturing defects occur during the manufacturing of a product.

It may not be immediately clear which one led to the defective product that caused you product injury. However, discussing the case with a lawyer can be helpful.

What Are Your Rights Following a Product Injury?

If you are injured due to a defective product, you may be able to recover compensation through a lawsuit. The state of New Jersey allows you to file a claim based on one of the following:

  • Negligence: In a negligence claim, we will demonstrate that the designer or manufacturer was negligent.
  • Strict liability: With a strict liability claim, we focus instead on the unsafe product, rather than the negligence of the manufacturer or designer.

Proving an injury was caused by a defective product is not always easy. You may need proof, which can be difficult to get, especially if you get rid of the product. It is important to begin documenting your injury as soon as possible. Of course, if the product is unsafe, get rid of it. Otherwise, preserving this evidence may be important to your case. 

This is another reason to consider working with a lawyer. They can help you decide what to do, and help you ensure that you collect all the necessary evidence.

Work With a Defective Product Lawyer Today

We know that you have a lot going on following a defective product injury. That is why you need a lawyer that you can trust to manage your case. Leave the legal stuff to us and focus on your recovery. Through a defective product case, you may be able to recover costs related to the injury. This could include medical bills, rehabilitation costs, and property damages. 

In some cases, you may even be able to recover costs like pain and suffering. Don’t let a manufacturer’s mistake leave you in a difficult financial position. We will fight to get you the justice and compensation that need following a product injury, while also ensuring you receive payment in a timely manner.

Read more: How to Calculate Your Personal Injury Claim’s Worth

Contact a Nutley Personal Injury Lawyer to Discuss Your Product Injury Case in New Jersey

Did you or a loved one sustain serious injuries due to a defective product in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Birkhold & Maider, LLC represent clients injured because of a defective product in Mercer County, Union County, and throughout New Jersey. Call (973) 947-4670 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 189 Franklin Avenue, Suite 1, Nutley, NJ 07110, as well as an office in Hamilton, NJ.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

Free case evaluation

Quickly Find Out If You Have a Good Case for Free!

5 Stars

Couldn't have worked with a better team. Bob & Jess were super helpful and made the process easier to get through. I highly recommend their services!

what our clients are saying

our awards

Super Lawyers