Do Disclaimers Protect Against Product Liability Lawsuits?
Consumers are typically protected from harm by strict regulations on manufacturing and marketing, but some unsafe products fall through the cracks. When these products end up in the hands of the consumer and cause injury, the manufacturer or designer of the product can be held liable.Manufacturers have a legal responsibility to create safe products. They also have a responsibility to provide explicit warnings of possible dangers of using the product, though a disclaimer may not be enough to prevent legal action.
Product liability cases are typically based on either product defects or failure to warn.
Failure to Warn
Transparency is important in product law. Consumers must have enough information to make an informed decision when buying and using a product. Thus, manufacturers have a duty to provide clear instructions and warnings, which must be explicit and easily visible.
Any consequences of using the product as intended must be made known to the consumer. In order to adhere to the standards of the law, warnings must be specific in nature. Generic warnings do not protect against liability.
In addition to warning the consumer of possible dangers, instructions must be provided on proper use of the product. If a consumer uses a product in a way that is not intended, and it causes injury, the manufacturer may still be liable if they did not provide adequate instructions.
If you ignore product disclaimers, it may hurt your product liability case.
Under New Jersey law, a defective product is defined as not being reasonably fit, suitable, or safe for its intended purpose. The two major types of product defects are manufacturing defects and design defects.
Manufacturing defects typically arise from a mistake in production. These are unplanned defects, involving a product that was not created to specification. A product with a manufacturing defect will deviate from other products in the group.
Design defects can be harder to prove. These defects involve a product that was poorly thought out or unreasonably dangerous. In order to prove a design defect, there must be a feasible alternative to the design that could have been available to the company responsible for production.
If a product is unsafe, it’s not enough to include a warning. If it can be reasonably assumed that the buyers of a product are in danger, then the manufacturers have a duty to not produce that item.
Do You Have a Product Liability Case?
To have a successful product liability case, you must prove that your injury was due to either a defect in the product or failure to warn you of potential injury.
In product liability claims, the date of injury is important. Under New Jersey law, the statute of limitations dictates that a consumer has two years from the time of injury to take legal action. There are rare exceptions to this rule, such as injuries that are not discovered until much later, potentially after the statute of limitations had already run out.
Consulting with an Experienced Product Liability Attorney
When a company fails to fulfill their duty to manufacture safe products, it can lead to expensive medical costs, lost wages, physical disability, or emotional distress. Product liability law can be complicated, so a capable and experienced attorney is necessary to get the compensation you deserve. If you’ve been injured by an unsafe product, contact Rosner Law Offices, P.C. at (856) 457-6477 for a free consultation.
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