Find out if you have a good case
Most people regularly purchase products without any comprehensive knowledge of how the product was produced or designed—and simply assume that these products are safe to be used. Legally, you do have the right to rely upon this expectation—and those involved in manufacturing, designing and marketing these products have a corresponding legal duty to ensure that their products are reasonably safe for their intended use. Practically, however, consumers are injured by dangerous products on an alarmingly frequent basis—and many of the injuries involved in products liability cases can be serious and even permanent.
Products liability cases can arise from any type of defective product that causes someone harm when used under reasonable circumstances—from children’s toys to car seats to components in vehicles, entities have a duty to ensure that all measures are taken to create a product that is reasonably safe. At Birkhold & Maider, LLC, our skilled products liability lawyers are here to help you get the compensation you deserve from the organization that profited from selling a dangerous product that caused your injuries. Our lawyers have been fighting to protect innocent victims to help keep Essex County safe for decades, so call us today for a free consultation to see how we can help you.
Three primary variations on products liability claims exist under New Jersey law, and claims for compensation may arise from:
While all products liability claims are based on the premise that the product was unreasonably dangerous in some way, there are several different variations on how liability can actually be established in these cases. A products liability claim in Essex County can be premised upon:
Regardless of the theory of liability applicable in your products liability case, our experienced lawyers have the skills necessary to fight for full compensation for all current and future medical expenses, lost wages and earning potential, rehabilitative care, pain and distress, loss of consortium, loss of enjoyment of life and more.
At Birkhold & Maider, LLC, our skilled Essex County products liability lawyers fight to hold negligent businesses responsible for the injuries that their product cause to consumers in our community. We work tirelessly to ensure you get a full compensation award so that you can focus on your physical recovery. If you or a loved one have sustained injuries while using a product and want to learn more about whether you have a viable claim against the manufacturer or designer of that product, call or contact us today for a free initial case evaluation.
Manufacturers and designers have a duty to ensure that products are reasonably safe for their intended use. In some cases, this duty can extend to situations where consumers use a product for its intended use without following the instructions. Whether you have a valid product liability claim will depend upon all the circumstances of your case—including whether appropriate warnings were placed on the product, the reasonableness of the way you were using the product (even if not strictly in accordance with the instructions) and the instructions themselves. In short, we may be able to argue that an organization that profits from the sale of consumer products must anticipate that some consumers may not carefully read or follow the instructions in some cases.
The necessary evidence varies from case to case, but generally, you should keep the dangerous product (if possible), along with any packaging, instructions, and materials that came with it. If possible take pictures of the injury and the product. Your medical records and doctor’s testimony can also provide valuable evidence when establishing the level of compensation to which you are entitled. In many cases, it can be helpful for you to begin to keep a written journal detailing how the injury has impacted your life—for example, whether you were able to work or even move around your home, time spent in the hospital, doctor’s appointments, etc.
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