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New Jersey Product Liability Lawyer

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Experienced New Jersey Product Liability Lawyer

When you purchase a new product, you expect it to be safe to use and that the maker would offer instructions as well as any necessary cautions. Dangerous and faulty items can cause serious harm, wreaking havoc on victims and their families, and in rare cases, fatalities. Companies that design, manufacture, and sell new items have a legal duty to ensure that their products are safe during the production process through testing and quality control procedures.
Even when corporations follow through, a flawed design, transportation damage, or wholesaler or retailer alterations might result in a defective product that causes injury to a consumer.
Millions of individuals visit emergency rooms throughout the United States each year as a consequence of product-related accidents, according to the Consumer Product Safety Commission (CPSC). If you, your kid, or another member of your family has been injured as a result of a defective product, New Jersey law allows you to seek compensation in civil court.
David A. DiBrigida in New Jersey at 239-237-5663 for a free case evaluation and to find out how we can assist you if you have been injured by a defective product.

Advocating for the Injured Since 1995

The product liability attorneys at David A. DiBrigida have been committed to helping the injured recover compensation they deserve since 1995. With more than 40 years of experience negotiating, settling, and litigating personal injury cases, including product liability cases, David A. DiBrigida’s legal team has recovered millions of dollars of damages for their clients.
We cannot guarantee results in any particular case because each has its own circumstances and defining characteristics; but we can guarantee we will aggressively advocate for you, help you hold negligent companies accountable, and diligently pursue the best outcome for your individual situation.

Commonly Reported Defective Products

The Consumer Product Safety Commission (CPSC) collects and analyzes data on faulty goods and injuries caused by them across the United States. It’s hard to include all of the problematic items, but the CPSC product categories might give you an indication of what’s been reported most frequently. The following product groups comprise a variety of goods that have been reported to the CPSC as defective:
  • Nursery equipment for children
  • Playthings
  • Recreational and sporting equipment
  • Communication and entertainment at home
  • Items for personal usage
  • Containers for everyday usage
  • Gardening and lawn equipment
  • Tools for a home workshop
  • Upkeep of the house
  • Home appliances in general
  • Equipment for heating, cooling, and ventilation
  • Fixtures and furnishings for the home
  • Structures and building materials for homes
  • Unusual stuff like pyrotechnics, fuel, and elevators
Large motorized products or their components may also be faulty. Scooters and mopeds are monitored by the CPSC, but data on autos, lorries, and watercraft is not collected. Defective airbags and tires are nevertheless frequent in automobiles, despite their vast range of severity.
Millions of individuals visit emergency rooms throughout the United States each year as a consequence of product-related accidents, according to the Consumer Product Safety Commission (CPSC). If you, your kid, or another member of your family has been injured as a result of a defective product, New Jersey law allows you to seek compensation in civil court.
David A. DiBrigida in New Jersey at (800) 322-5529 for a free case evaluation and to find out how we can assist you if you have been injured by a defective product.

How Much Is Your Case Worth?

What Our Clients Say

David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless. David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless. David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless.

Advocating for Those Injured in Product Liability Accidents Since 1995

The firm’s continued dedication in advocating for their clients has led to the recovery of millions of dollars from negotiated settlements and court-awarded damages. It’s impossible to guarantee results because each case has distinctive characteristics, but our team will advocate for you, and do our best to build a strong case against liable parties to obtain the best outcome for your individual situation.

The legal team at David A. DiBrigida has more than 30 years of experience helping injured clients recover the compensation they deserve for losses related to car accidents and injuries caused by negligent parties.

What Makes a Product Defective?

On a basic level, you understand that a faulty product is one that does not work; yet, attorneys and courts use precise legal terminology when discussing defective items. New Jersey, like most other jurisdictions, recognizes three categories of product flaws that might result in a lawsuit:

Design defects

occur throughout the creation of a product. When designers conceptualize a new product, it appears to be safe and a fantastic idea to meet a market demand, yet the design is excessively unsafe. A product must pass the consumer-expectation test to avoid being found faulty in product liability cases. Courts determine whether a product “performs as safely as an average consumer would anticipate when used as intended or in a way fairly foreseeable by the manufacturer” when it is used as intended or in a manner reasonably foreseeable by the manufacturer. In rare cases, New Jersey courts will apply a risk/benefit analysis to establish if there is a design flaw. This test determines if the risk of harm posed by a product design outweighs the advantages of utilizing the product.

Manufacturing defects

happens following a product’s design phase, when firms assemble or build the product. The design was safe in these examples, but the execution resulted in a fault, making the product more harmful than planned. Cheap materials, the incorrect materials, faulty construction, poor assembly, and faults, such as missing components, weak welds, and damaged materials, can all lead to manufacturing defects. When items with manufacturing flaws get up in the hands of customers, it’s usually due to a lack of quality control within the factory.

Information defects

cover a wide variety of flaws relating to a product’s marketing and instructions. Manufacturers are required by law to warn customers about potentially harmful elements of their products and, when appropriate, to offer instructions for usage. Information defects occur when corporations fail to offer instructions, label their items incorrectly, or provide enough warnings to consumers. In particular, New Jersey courts declare things “unreasonably risky” if a harm might have been avoided if a warning or instructions had been provided.

What Our Clients Say

David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless. David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless. David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless.

How did you become hurt?

We understand how frustrating it can be to deal with an injury and the financial consequences that come with high medical expenses. No one should have to go through losing their capacity to work as a result of an injury and being harassed or disregarded by their insurance company.
A New Jersey personal injury lawyer from David A. DiBrigida may be able to assist you in recovering your damages, regardless of how you were hurt.

Car Accidents

Motorcycle Accidents

Truck Accidents

Uber & Lyft Accidents

Bicycle Accidents

Pedestrian Accidents

Trips, Slips and Falls

Workplace Accidents

Catastrophic Injury

Wrongful Death

INJURY CASES

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INJURY TYPES

Liability in a Product Liability Lawsuit?

When loss, injury, or death is “induced by the production, construction, design, formulation, installation, preparation, or assembly of a product,” according to New Jersey law, a product liability lawsuit is filed. Any entity engaged in the distribution chain of a product might be held accountable for damages caused by a flaw. In a product liability case, you could list the following parties:

Product Manufacturer

global corporations with headquarters in the United States, as well as small businesses operating out of garages, may be held liable for injuries caused by a faulty product. Manufacturers of parts that go into bigger goods like cars, machines, and boats might be held accountable in a lawsuit.

Product Wholesaler or Distributor

If product distributors deliberately sell defective items to other firms, make defective changes to the product, or create damage that leads to a defect, they may be held accountable in a lawsuit.

Shipper

Damage may occur during pick-up, transit, and delivery when a manufacturer hires a third party to distribute a product. A third-party delivery provider might face a product responsibility claim if damage results in a defect that causes injury or death to a customer.

Retailer

Consumers who buy new products want them to be safe to use, whether they buy them online or in a physical store. Even if they didn’t create or produce a product, merchants may be held accountable for damages if they intentionally sell faulty items, make false claims, or offer misleading testimonials about its safety and usage.
David A. DiBrigida’s experienced product liability attorneys in Fort Myers have dealt with insurance companies, investigated incidents, and assisted clients in recovering damages for their injuries. Allow an experienced lawyer to handle the intricacies of your case.

How Much Is Your Case Worth?

What Our Clients Say

David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless. David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless. David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless.

New Jersey Product Liability FAQ

A product liability case is when a product causes severe injury or even death, due to no fault of the user. A small piece of a toy causing a child to choke, an airbag not deploying, or a cellphone battery catching fire are all examples of potential product liability cases.
The first step to filing a lawsuit for a faulty product is to speak to a product liability lawyer. They will be able to review your case and determine if the faulty product is grounds to file the suit.
The three main types of product defects are design defects, manufacturing defects, and marketing defects. Determining what type of defect is at fault in your case is a crucial step because it helps determine which party can be held liable.

Seeking Compensation in New Jersey Product Liability Suits

If you have been injured or a loved one has died as a result of a defective product, New Jersey law allows you to sue for damages in civil court. In personal injury claims in New Jersey, courts award both compensatory and punitive damages, with punitive damages reserved for situations involving egregious negligence. If a producer intentionally distributes and sells a faulty product and then tries to hide it, a New Jersey court is likely to impose punitive damages for harm or death. Compensatory damages are meant to recompense victims for the financial losses they have suffered as a result of their injuries. If a court determines in your favor, you may be able to obtain the following compensatory damages:
  • Medical expenses including ambulance and emergency services, hospitalization, surgery, radiology, prescription medication, and aftercare
  • Future medical treatment when a defective product causes a permanent injury or condition requiring lifelong medical care, or causes a severe injury requiring extensive recovery
  • Rehabilitation expenses for physical therapy or other types of specialties, as well as costs for assistive devices such as crutches, wheelchairs, and prosthetics
  • Lost wages for missing work due to injury, hospitalization, and recovery
  • Lost earning capacity for severe injuries which prevent an injured person from returning to their job or forces them to reduce hours or change professions
  • Pain and suffering
  • Mental anguish
  • Loss of quality of life
  • Loss of consortium with a spouse
  • Scarring and disfigurement
  • Any other non-economic loss which might apply to a particular injury
If a court awards punitive damages to a plaintiff in a New Jersey product liability case, they must comply with laws capping the amount punitive damages:
  • Maximum punitive damages cannot be more than three times the amount of compensatory damages or $500,000, whichever is greater.
  • In extreme cases, New Jersey courts have the authority to award maximum punitive damages four times the amount of compensatory damages or $2,000,000, whichever is greater.

Defense Tactics in New Jersey Product Liability Lawsuits

In personal injury cases, particularly those involving defective products, New Jersey courts use comparative blame. The degree to which an injured plaintiff may have contributed to their injury is determined by comparative blame. The court will assign a proportion of culpability to each side in a case after the court concludes the defendant was careless, broke a guarantee, or is strictly accountable for damages.
If the plaintiff is somewhat to blame, the court will lower their judgment by the proportion of culpability. If you suit for $500,000 in damages and the court determines you were 10% at blame, your judgment will be reduced to $450,000. Our New Jersey products liability lawyers can assist you if you or a loved one has been hurt while using a product, medicine, or device in New Jersey. Please contact us as soon as possible because there are time constraints in place. In product liability cases, defense lawyers and insurance companies employ comparative responsibility to transfer blame to the plaintiff and escape financial exposure.
The defense may raise the following arguments:
  • The plaintiff was wounded as a result of wrong usage of the goods.
  • The plaintiff was harmed as a result of modifying the merchandise after purchasing it.
  • The plaintiff was hurt because they didn’t read the product’s instructions or read the warnings.
  • The plaintiff should have been aware of the hazards of a specific product. (For instance, you know not to put your hand beneath a running lawn mower or touch a hot stove
The product liability lawyers at David A. DiBrigida are familiar with the defense’s techniques and methods for avoiding damages and will battle them to get the best possible result for your case.

Statute of Limitations and Repose in New Jersey Product Liability Suits

If you or a loved one was injured or died as a result of a faulty product, you have four years from the date of harm to file a case against the allegedly responsible party. Some faulty items hurt individuals over time, either by repetitive use or contact, or through injuries that don’t show up for weeks, months, or years. New Jersey allows for discovery in certain situations. This implies that the clock on your four-year statute of limitations does not start ticking until you find, or should have reasonably found, your harm.
Cleaning products and other harmful substances are examples of poor items that might cause injury or disease to go undetected for a long time. A statute of repose exists in New Jersey for faulty items having an estimated useful life of less than ten years. A statute of repose is a time constraint that applies to all legal actions. You cannot file a product liability claim in New Jersey if your damage happened more than 12 years after the product was purchased.
Depending on your relationship to the deceased, you have two years to file a wrongful death complaint if a defective product caused the death of a loved one. Your lawyer can advise you on the best course of action for you and your family.
Product liability cases are frequently complicated, including many defendants and, in some situations, multiple claimants. We assist wounded people in holding firms responsible for their carelessness, including those that develop, manufacture, and market defective products.
While you focus on healing and recuperating from your injuries and loss, we fight to get full and fair compensation for you and to protect future customers.

David A. DiBrigida may be reached at (800) 322-5529 or online to book a free consultation to explore the facts of your defective product case if you reside in the New Jersey region.

Our experienced product liability lawyers can assess your case and recommend the best course of action.

If you hire us to defend you, most cases are handled on a contingency basis, with our fees deducted from any money we obtain for you in the form of settlements or verdicts.
We realize how difficult the aftermath of a serious injury can be, and we’re here to assist.

Your Rights. Your Recovery. Our Responsibility.

Product liability cases are frequently complicated, including many defendants and, in some situations, multiple claimants. We assist wounded people in holding firms responsible for their carelessness, including those that develop, manufacture, and market defective products.
While you focus on healing and recuperating from your injuries and loss, we fight to get full and fair compensation for you and to protect future customers.
David A. DiBrigida may be reached at (800) 322-5529 or online to book a free consultation to explore the facts of your defective product case if you reside in the New Jersey region.
Our experienced product liability lawyers can assess your case and recommend the best course of action.
If you hire us to defend you, most cases are handled on a contingency basis, with our fees deducted from any money we obtain for you in the form of settlements or verdicts.
We realize how difficult the aftermath of a serious injury can be, and we’re here to assist.

What Our Clients Say

David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless. David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless. David A. DiBrigida is a really good injury attorney and I appreciate everything you’ve done for me and my family in the time of need, thank you and God bless.

Why Hire Us

Over 30 Years of Experience

We've been fighting for the rights of accident victims since 1995, and we wouldn't have it any other way.

Board Certified by the New Jersey Bar

New Jersey recognizes Attorney David A. DiBrigida's reputation for legal excellence. As a result, he upholds this prestigious title.

Case Reviews that are both free and confidential

Preparation is the key to a good case outcome. We get down with each client to have a better understanding of the personal injury issues they are facing.

You don't have to pay anything unless we win.

Because we operate on a contingency fee basis, our clients owe us nothing unless and until we win their case.

Helping those Injured in Accidents Across New Jersey

While we are proud to call New Jersey home, we are also more than happy to help injured people living anywhere in the Sunshine State. In fact, we’ve even been known to travel all around the country just to meet our clients’ needs.

We are here to help the residents of:

Schedule a Free Consultation

What Our Clients Say

For a man who was rear-ended striking his knee on the dashboard requiring arthroscopic surgery to repair it.
INSURANCE OFFER
$10,000
WHAT WE GOT
$90,000
A 30 year old man who was walking to the store, a hit and run victim with a shoulder and head injury.
INSURANCE OFFER
$125,000
WHAT WE GOT
$500,000

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