Residential and commercial construction sites are among the most dangerous places in the country to work. One of the common causes of these types of injuries is a dangerous or defective product, what the law refers to as “product liability.”
Under the established laws of product liability, there are essentially three different legal theories under which you can proceed:
- Negligent design of a product
- Negligent manufacture of a product
- Negligent marketing of a product
When you allege that a product has been negligently designed, your claim essentially says that, irrespective of the quality of the product, it was inherently unsafe. For example, you may have a ladder that has a design flaw that causes it to wobble or to slide across the ground. A construction crane that has too much weight near the top or insufficient support at the bottom may also be considered to be negligently designed.
An allegation of negligence in the manufacture of the product assumes that the product was properly designed, but contends that there were mistakes in the manufacture:
- The manufacturer uses substandard materials or parts
- The manufacture failed to monitor assembly, had insufficient assembly procedures, or failed to properly inspect the product
Negligent marketing involves the failure to notify potential consumers of any known (or anticipated) use of the product. This may involve a failure to warn of known risks, including any non-conforming use of the goods that the manufacturer could reasonably anticipate.
Contact Attorney Howard D. Popper
To learn your options when you have been injured because of the negligence or carelessness of another person, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.
We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.