You be the Judge: Defective Products

If you have been injured by a defective product, this may interest you.

The New Jersey Products Liability Act (PLA) applies to lawsuits where a consumer sustains injury because of alleged defects in product design.  The law permits a plaintiff to prove product defect by showing that the product failed to contain adequate warnings or instructions. 

The New Jersey Appellate Division of the Superior Court recently reviewed an appeal filed by a manufacturer of loft beds.  The plaintiff, a college student, recovered a verdict of nearly $180,000 when he was awakened from sleep and fell out of his loft bed, dislocating his shoulder.

The loft bed was six feet off the floor.  There were no warning labels on the loft bed.

At trial, plaintiff presented the testimony of an expert safety engineer that a barrier should have been built into the bed to prevent sleeping occupants from rolling out of the bed and falling from height.

YOU BE THE JUDGE: Are consumer warnings always required?

The appellate court reversed the verdict.  It held that a manufacturer has a duty to warn about hidden or latent dangers.  But there is no duty to warn or instruct about risks that should be obvious to product users.  In other words, a manufacturer has an absolute defense to any claim of a failure to warn where a risk is obvious or known. 

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. We know courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation.