When a defective product injures you or a loved one, the physical pain is only part of the struggle. Medical bills pile up, you miss work, and your life gets turned upside down. The worst part? The company that made or sold that dangerous product often tries to avoid responsibility. At Brach Eichler Injury Lawyers, we hold manufacturers and sellers accountable for the harm their defective products cause. Our product liability lawyers in Clifton work with injured victims to pursue the full compensation they deserve. We handle your case on a contingency basis, which means you pay nothing unless we win.
Why Choose Brach Eichler Injury Lawyers for Your Product Liability Claim
When you’re injured by a defective product, you need a law firm that understands both the science behind product failures and the New Jersey laws that protect you. Brach Eichler Injury Lawyers brings decades of experience handling product liability cases across New Jersey. Our trial attorneys have recovered over $700 million for clients, and we’ve earned a 4.9-star rating from thousands of satisfied clients. We don’t just handle your case—we become part of your support system during this difficult time. Our team of experienced attorneys takes time to understand your unique situation, answers your questions promptly, and fights aggressively to get you the results you deserve. Whether your case settles or goes to trial, we work to hold corporations accountable for their negligence.
Understanding Product Liability in New Jersey
Product liability law protects consumers when defective products cause injury. In New Jersey, manufacturers and sellers have a legal duty to ensure their products are safe for consumers. This duty is governed by the New Jersey Product Liability Act (N.J. Stat. § 2A:58C-2), which establishes strict liability standards. This means you don’t have to prove the manufacturer was careless—you only need to show the product was defective and caused your injury.
New Jersey recognizes that manufacturers, distributors, and retailers all bear responsibility for dangerous products. A defective product can injure you whether you purchased it directly or encountered it at work, at home, or in a public place. The law recognizes three main types of product defects, each creating liability for the companies involved in bringing that product to market.
Types of Product Defects We Handle
- Design defects occur when a product’s design is inherently unsafe, even when manufactured correctly. For example, a car with a fuel tank positioned where it ruptures in rear-end collisions has a design defect. A toy with small parts that pose choking hazards to young children has a design defect. These defects exist from the moment the product is conceived, and manufacturers are liable even if they followed their own design specifications.
- Manufacturing defects happen when a product doesn’t match its intended design due to errors in production. A power tool with a faulty safety switch, a medication contaminated during manufacturing, or a piece of playground equipment made with substandard materials all represent manufacturing defects. Even one defective unit can create liability for the manufacturer.
- Warning and instruction defects occur when manufacturers fail to provide adequate warnings about product dangers or clear instructions for safe use. Medical devices that don’t warn about serious side effects, cleaning products without proper safety labels, or equipment lacking necessary operating instructions all fall into this category. Manufacturers must warn consumers about known risks and provide instructions that allow safe use.
At Brach Eichler Injury Lawyers, we investigate all three types of defects. We work with product engineers and safety experts to determine exactly what went wrong and who bears responsibility. Whether your injury came from a defective appliance, automotive component, medical device, workplace equipment, or consumer product, we have the experience to build a strong case.
Injuries and Damages You Can Recover
A defective product can cause serious, life-altering injuries. You may face immediate medical treatment, ongoing therapy, permanent disability, or even loss of life. New Jersey law allows you to recover compensation for economic and non-economic damages, and in severe cases, punitive damages.
- Economic damages cover your financial losses. This includes all medical expenses—emergency room visits, surgeries, hospital stays, medications, physical therapy, and future medical care you’ll need because of your injury. You can also recover lost wages from time you missed work during recovery and reduced earning capacity if your injury prevents you from returning to your previous job. If the product damaged your property, you can recover repair or replacement costs.
- Non-economic damages compensate you for the pain and suffering caused by your injury, including emotional distress, loss of enjoyment of life, and permanent disfigurement.
- Punitive damages may be awarded if we can prove the manufacturer acted with actual malice or a wanton and willful disregard for your safety. Under New Jersey law, these damages are designed to punish the corporation and are generally capped at five times the compensatory damages or $350,000, whichever is greater.
Brach Eichler Injury Lawyers pursues maximum compensation by thoroughly documenting your injuries, calculating all current and future costs, and presenting evidence of your damages. We work with medical experts to establish the full extent of your injuries and their long-term impact on your life.
How Brach Eichler Injury Lawyers Investigates Your Product Liability Case
A strong product liability case requires careful investigation and expert analysis. When you hire Brach Eichler Injury Lawyers, we immediately begin gathering evidence and building your case. We obtain the defective product itself and have it examined by qualified engineers and safety experts who can identify exactly what went wrong. We review all available documentation, including the product’s design specifications, manufacturing records, quality control reports, and any prior complaints or recalls involving the same product.
We investigate the manufacturer’s knowledge of the defect. Did they know about this danger before your injury? Did they ignore safety warnings from engineers? Did they choose profit over safety? We examine the company’s internal communications, testing data, and decision-making processes. We also identify all potentially responsible parties—the manufacturer, distributors, retailers, and anyone else involved in bringing the product to market.
Our team gathers your medical records, documents your injuries, and calculates your damages. We interview witnesses who saw your injury occur or can testify about how the product failed. We build a detailed case file that clearly demonstrates the defect, the manufacturer’s liability, and the full extent of your damages. This preparation puts us in a strong position to negotiate a fair settlement or present evidence at trial.
Frequently Asked Questions About Product Liability Claims
What should I do immediately after a product injury?
First, seek medical attention if you’re injured. Your health is the priority. Once you’re safe, preserve the defective product and don’t use it further. Take photographs of the product, the injury, and any visible defects. Write down details about what happened while they’re fresh in your memory. Keep all medical records, receipts, and documentation related to your injury. Contact Brach Eichler Injury Lawyers as soon as possible—the sooner we begin investigating, the better we can preserve evidence and build your case.
How long do I have to file a product liability claim in New Jersey?
New Jersey has a statute of limitations that limits how long you can wait to file a lawsuit. Generally, you have two years from the date of your injury to file a product liability claim. However, there are exceptions. If you didn’t discover your injury immediately, the clock may start from when you discovered it. If you were a minor at the time of injury, the deadline may be extended. Don’t wait—contact Brach Eichler Injury Lawyers immediately to protect your rights and meet all deadlines.
Do I need to prove the manufacturer was negligent?
No. New Jersey follows a strict liability standard for product defects. You don’t need to prove the manufacturer was careless or negligent. You only need to show that the product was defective, the defect existed when the product left the manufacturer’s control, and the defect caused your injury. This is a significant advantage for injured consumers because it focuses on the product itself rather than the manufacturer’s state of mind.
What is the difference between a product recall and a liability claim?
A product recall means the manufacturer has acknowledged a defect and is attempting to fix or remove the product from the market. A product recall does not automatically compensate you for injuries you’ve already suffered. A product liability claim is a legal action seeking compensation for your injuries and damages. Even if a product has been recalled, you still have the right to pursue a claim against the manufacturer for injuries caused before the recall.
How much does it cost to hire Brach Eichler Injury Lawyers?
It costs nothing up front. Brach Eichler Injury Lawyers works on a contingency fee basis, which means you don’t pay any attorney fees unless we recover compensation for you. Your initial consultation is completely free, and you have no obligation to hire us. We only get paid if we win your case through settlement or verdict. This arrangement allows injured people to access legal representation without worrying about legal costs during an already difficult time.
How long does a product liability case take?
The timeline depends on your specific case. Some cases settle within months once we’ve completed our investigation and presented our evidence. Other cases require more time for discovery, expert analysis, and negotiation. If the manufacturer refuses a fair settlement, we’re prepared to take your case to trial, which may take longer but often results in larger awards. We’ll keep you informed throughout the process and discuss realistic timelines based on your particular situation.
Can I recover damages if I was partially at fault?
New Jersey follows a modified comparative negligence rule. Even if you were partially at fault for your injury, you can still recover damages, and your award will simply be reduced by your exact percentage of fault.
However, there is a strict legal cliff: you can recover as long as you are 50% or less at fault. If a jury finds you to be more than 50% at fault (51% or higher) for your own injuries, you are legally barred from recovering any damages at all.
For example, if you’re awarded $100,000 but found 20% at fault, you’d recover $80,000. This rule recognizes that product defects are often the primary cause of injury, even if the injured person contributed to the accident in some way.
Contact Brach Eichler Injury Lawyers for a Free Consultation
You don’t have to face a product liability claim alone. Brach Eichler Injury Lawyers has the experience, resources, and commitment to help you recover the compensation you deserve. Call (973) 364-8300 today to schedule your free consultation. Our attorneys are available 24/7 to answer your questions and discuss your case. If you’re unable to visit our Clifton office, we’ll come to you—at your home, hospital, or wherever you’re most comfortable. There’s no obligation, no upfront cost, and no risk. Let Brach Eichler Injury Lawyers fight for you.
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We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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