Are Manufacturers Always Liable for Defective Products?

Has a defective product caused life-changing injuries for you or a family member? When this happens, much of the blame and liability gets put on the manufacturer. While this can be the case, as manufacturers can and do bear legal responsibility for the harm their products may cause, they aren’t always the only party that may be held liable under New Jersey law. Depending on the circumstances, other companies—such as distributors, retailers, and even component part makers—may share in that responsibility. 

Whether you’ve suffered injuries from a faulty medical device, dangerous household appliance, defective car part, or unsafe machinery, you may be entitled to justice and compensation.

Product Liability Laws in New Jersey 

In New Jersey, most product liability cases fall under the New Jersey Product Liability Act (NJPLA), codified at N.J.S.A. 2A:58C-1 through 11. This law streamlines the process for injured people to bring claims when a product is: 

• Defectively designed to be inherently unsafe. 
• Defectively manufactured or deviated from its intended design. 
• Defective due to inadequate warnings or instructions. This applies if the manufacturer failed to warn users about risks or how to use the product safely. 

Under the NJPLA, you don’t have to prove the manufacturer was negligent, only that the product was defective, that the defect existed when it left the manufacturer’s control, and that it caused your injury. This is known as strict liability. 

When Are Manufacturers Liable? 

Manufacturers are often the primary defendants in defective product cases for many reasons. This is because they are responsible for: 

• Designing products that are reasonably safe for their intended and foreseeable uses. 
• Using quality control processes to prevent manufacturing errors. 
• Providing clear and adequate warnings about potential hazards. 

If a product defect can be traced to the manufacturer’s design choices, faulty production methods, or missing warnings, they can be held legally responsible for resulting injuries. 

For example, if a hip replacement device fails because of a design flaw that causes metal particles to enter the patient’s bloodstream, the manufacturer may be held liable for medical costs, lost wages, and pain and suffering. 

Can Other Parties Be Liable? 

Yes, the manufacturer is not the only potential source of compensation. Under New Jersey law, others in the “chain of distribution” may also be liable. These parties can include: 

• Distributors and wholesalers: if they introduced the defective product into the marketplace. 
• Retailers: even if they didn’t create the defect, retailers can be liable for selling unsafe products. 
• Component part manufacturers: if a defective part they produced caused or contributed to the injury. 
• Hospitals, clinics, or medical providers: in medical device cases, if they improperly recommended, stored, or maintained the device. 

In some cases, you may be able to hold multiple parties accountable, which can be crucial if one defendant doesn’t have sufficient insurance or assets to fully cover your damages. 

Do You Have a Product Liability Case? 

Not every injury caused by a product will result in a viable legal claim. In general, you may have a case if: 

• The product was defective in its design, manufacturing, or warnings. 
• You were using it in a reasonably foreseeable way when you were injured. 
• The defect directly caused your injury. 
• The product was not substantially altered from the condition in which it was sold. 

Catastrophic injury cases, like those involving permanent disability, loss of a limb, severe burns, paralysis, or wrongful death, often have the strongest grounds for pursuing a claim because the damages are significant and well-documented. 

It’s common to bring multiple claims in a single lawsuit to strengthen your case. In New Jersey, claims in defective product cases generally fall into three categories: 

• Strict Liability: You don’t need to prove negligence; just that the product was defective and caused your injury. 
• Negligence: You allege that a party failed to exercise reasonable care in designing, manufacturing, or warning about the product. 
• Breach of Warranty: if the product failed to perform as promised under an express or implied warranty. 

If you’re unsure whether you have a claim, speaking with a New Jersey personal injury lawyer experienced in product liability law is the fastest way to get answers.  

We Can Help You Beat the Common Defenses Manufacturers Use 

Manufacturers often have teams of lawyers who will try to limit or deny your claim. Common defenses include: 

• Product Misuse (claiming that you used the product in an unforeseeable or unsafe way): This can be overcome by showing that your use was foreseeable or that the manufacturer should have anticipated potential misuse and designed against it. 
• Comparative Negligence (arguing that your own negligence contributed to your injury): New Jersey follows a “modified comparative fault” rule — you can still recover damages as long as you are not more than 50% at fault. 
• State-of-the-Art Defense (claiming that the product’s design or warnings met the scientific and technical knowledge available at the time it was made.): We can help present expert testimony showing that safer alternatives were feasible and known in the industry. 
• Alteration of the Product (asserting that someone modified the product after it left the manufacturer’s control.): We can help provide evidence that the defect existed before the alteration or that the alteration was foreseeable.  

Acting Quickly on Your Case 

In New Jersey, the statute of limitations for product liability cases is generally two years from the date of the injury (N.J.S.A. 2A:14-2). However, in some cases, such as when the injury isn’t immediately apparent, the “discovery rule” may give you more time. Acting quickly helps ensure: 

• Critical evidence (such as the defective product itself) is preserved. 
• Witnesses’ memories remain fresh. 
• You meet all legal deadlines. 

Compassionate, Experienced Legal Help for Defective Product Injuries 

If you or a loved one has been harmed by a defective product or medical device, you deserve answers, accountability, and compensation. The manufacturer may be liable, but they are not always the only party who should be held responsible. By working with a skilled New Jersey product liability lawyer, you can explore every possible avenue for recovery and build the strongest case possible. 

At Eichen Crutchlow Zaslow, we understand how devastating a catastrophic injury from a defective product can be. Our legal team has decades of experience holding manufacturers, distributors, and other responsible parties accountable under New Jersey law. We fight to get our clients the justice and resources they need to rebuild their lives. 

If you have questions about your case, contact us today for a free, confidential consultation.