Defective Children’s Product Injury Lawyers New Jersey
NJ Product Liability Lawyers for Children & Infants
Manufacturers of children’s products have an obligation to design, manufacture, and distribute products that are safe for use among children. Whether it is a toy, a teaching product, a car seat, a crib, or another item intended to be used for your child, you assume that it will be not put them in danger. Unfortunately, infants and toddlers can be injured by a broad range of defective products, from medical devices to everyday items. Thousands of these tragedies occur each year, causing serious injuries or even untimely death.
If you suffered the loss of a child, or your child was seriously injured by a defective product, the experienced New Jersey product liability attorneys on our team are here for you. We have sought and successfully obtained millions of dollars on behalf of children with defective product-related injuries throughout the region. If you are wondering whether you may be entitled to seek compensation with a lawsuit, contact us online or call today at (866)-708-8617 for a free consultation.
Types of Defective Children’s Products
A significant number of defective products can pose risks for infants. These products fall into a wide variety of categories, from toys to items used for everyday activities like eating, sleeping, or transportation. Some of the most common defective products that can cause injuries for children and infants include:
- Toys
- Strollers
- Car seats
- Cribs
- Household items
Even infant formula can cause serious harm if it contains a toxic substance or is otherwise unsafe for consumption. Toys and products marketed to children are some of the most frequently recalled of all consumer goods. According to some studies, more than two child products are recalled every week, meaning over one hundred child products are recalled each year. The reasons for a children’s product recall include fundamental defects or violations of a standard such as lead paint or flammability. Other defects in the manufacturing of a product or flaws in the design can also pose significant danger.
In the healthcare field, medical devices such as CPAP devices, tracheostomy tubes, forceps, and other items used during or shortly after delivery can pose risks if they are defective for any reason. The Food and Drug Administration is responsible for testing and approving medical devices, but defects can be discovered after the approval process, at which point manufacturers must issue recalls after hundreds or thousands of people have already used the defective product. Regardless of the type of defective product that caused your child’s injuries, you may be able to take legal action against the manufacturer and other liable parties.
What if my Child was Injured by a Defective Product?
New Jersey law permits consumers who have suffered injuries due to defective products to recover damages from a product manufacturer through a product liability lawsuit. Courts recognize various potential defects that may provide grounds for a claim, each of which is explained in greater detail below.
A manufacturing defect is one that renders a product unsafe because of an unplanned departure or failure to adhere to the intended product blueprint or design. A design defect, in contrast, occurs when the product’s design itself includes a foreseeable risk of harm (to an infant or otherwise) and a reasonable alternative design could have eliminated or reduced that foreseeable risk. Finally, a marketing defect is one where the manufacturer failed to provide adequate instructions for the safe use of the product or failed to provide adequate warnings regarding dangers posed by the product.
You may also be able to recover damages if your child or infant was injured by a breach of a product’s warranty or if the product was unsafe for its intended use under a strict liability theory. An experienced product liability attorney can examine the circumstances of your case and advise you on whether you may recover damages if your child suffered injury attributable to a product defect.
Who is Liable for a Child’s Injuries from a Product Defect?
While you might assume that the product manufacturer is the one responsible for your child’s injuries, there are other parties who may also be held liable. When children are injured by defective products, these victims and their parents may also bring claims against other actors in the supply chain, including retailers, distributors, and importers. Speaking to an experienced children’s product liability attorney can help you better understand who bears some portion of liability under New Jersey law. This is typically determined on a case-by-case basis, after considering the type of product and the specific form of defect, whether it be an error or flaw with manufacturing, design, or failure to warn.
Contact our New Jersey Children’s Product Defect Lawyers for Help
If you are seeking compensation for injuries caused by a defective children’s product in New Jersey, our skilled NJ child product defect lawyers can provide the answers you need now. Our legal team will thoroughly investigate your child’s case and further explain the types of damages you may be able to recover. Depending on the type of products defect or products liability lawsuit that you bring in court, you may be able to recover compensatory damages and damages for pain and suffering caused by a defective product that injured your child. In some cases, you may also be able to recover punitive damages, which are damages awarded in cases where the injury suffered was due to malice or a wanton or willful disregard of you or your infant’s safety. Call (866)-708-8617 to learn more.
Additional Information & Resources:
U.S. Consumer Product Safety Commission
