New Jersey Product Liability Laws
Created by FindLaw's team of legal writers and editors | Last reviewed May 22, 2019
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Manufacturers have an obligation to New Jersey consumers to ensure that their products are safe and will not cause harm. When injury does occur, New Jersey products liability laws allow consumers to recover damages from the manufacturer or seller, or both.
Types of Products Liability Lawsuits
There are three basic types of products liability lawsuits in New Jersey based on the following defects:
- Design defects;
- Manufacturing defects; and
- Marketing/warning defects.
Recoverable Damages
In most personal injury lawsuits, the injured person seeks compensatory damages to compensate them for their losses, including economic damages (medical costs, lost wages) and non-economic damages (pain and suffering). Additionally, New Jersey allows punitive damages to punish the wrongdoer under certain circumstances. These damages are capped at either $350,000 or five times the amount of compensatory damages, whichever is greater.
New Jersey Products Liability Laws at a Glance
Getting a handle on the law means knowing what it says, but this isn't always easy to figure out. Laws are usually written in dense legalese which is why it can be helpful to have a breakdown of the law in plain English. We've done just that with the chart below which is a breakdown of New Jersey product liability laws to help guide your research.
Statute |
New Jersey Revised Statutes:
|
Defective Design Claims
|
Allegation The designer failed to use reasonable care to determine whether the product as designed posed an unreasonable risk of threat or harm. No consideration is given as to whether the product was properly manufactured. Standard of Proof The injured person must show:
|
Defective Manufacturing Claims |
Allegation The product was carelessly assembled, constructed, manufactured, fabricated or built, regardless of whether there was reasonable care in the design of the product. The defective manufacture may involve:
Standard of Proof The plaintiff must only prove that the product "deviated from the design specifications of the manufacturer" or from what are considered identical units produced according to the same standards or specifications. |
Defective Marketing (Failure to Warn) Claims |
Allegation The product contained inadequate warning labels or instruction for proper use. Standard of Proof The injured person must demonstrate that the product didn't include warnings or instructions that "a reasonable person would have provided in the same or similar circumstances." |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
New Jersey Product Liability Laws: Related Resources
Discuss New Jersey Product Liability Laws with a Lawyer
New Jersey product liability laws are complex and the claims are equally confusing. However, they're a necessary part of the process for getting relief. If you've suffered injuries because of a dangerous or defective product, you should discuss the situation with a local New Jersey products liability attorney.
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