New Jersey consumers spend millions of dollars every year on a variety of products in the marketplace. Many are at risk for personal injury because of hazardous products. Such hazards may be caused by manufacturing or design defects, insufficient product labeling or other issues.
When a person suffers injury after using a purchased product according to its instructions, he or she may have grounds for filing a product liability claim in a civil court. As in all injury lawsuits, plaintiffs in such cases are tasked with substantiating their claims. In fact, proving a product liability case can be quite challenging.
Consumers rely on manufacturers’ information to learn about potential risks associated with a particular product. Many product mishaps lead to catastrophic injuries or even death. For the court to rule that a defendant was negligent, a plaintiff must first show that the defendant owed a fiduciary duty to him or her. He or she must also prove that the defendant failed in that duty and that such failure was a causal factor toward injury.
It is not uncommon for defendants in personal injury cases regarding hazardous products to counter allegations against them by claiming that plaintiffs misused the products and, thus, are liable for their own injuries. It is helpful to ask an experienced New Jersey attorney to act on one’s behalf when acting as a plaintiff in such cases. An experienced attorney is prepared for such counter attacks and knows what type of evidence is needed to convince the court otherwise.