What is the Statute of Limitations on Design Defects in New Jersey?
November 3, 2023 in Product Liability
Halloween is a time for fun, festivities, and frivolity. However, when costumes, decorations, or other products used for the holiday fail in terms of safety and quality, the consequences can be alarming. In the wake of Halloween, it’s essential to understand your rights if you or a loved one has suffered an injury or harm due to a defective Halloween product. Below, the experienced product liability lawyers at Sullivan Papain Block McManus Coffinas & Cannavo, P.C. explore the statute of limitations on manufacturing defects in New Jersey and how they may result in product liability cases.
Defective Halloween Products and Design Defects
A defective product is any consumer product that makes it to market and contains a flaw that leads to injury or death. Some of the most common products involved in product liability lawsuits in the U.S. are auto parts, children’s toys, medical devices, household appliances, cosmetics, and foods.
When it comes to Halloween products, design defects can lead to hazardous consequences. While we often see articles about how deadly Halloween can be for pedestrians, toxic ingredients in costumes, flammable attire, allergies to unlabeled candies, and other injuries lurk in wait as well. When a product is unreasonably dangerous due to its design, the manufacturer may be held liable for any injuries or wrongful deaths caused by these defects.
What is the Statute of Limitations in New Jersey?
If a defective Halloween product has harmed you or a family member, you may be wondering how long you have to seek compensation. In New Jersey, the statute of limitations for personal injury claims related to defective products is generally two years from the date of the injury or discovery of the injury. However, it is essential to note that the discovery rule can come into play in design defect cases. The experienced personal injury lawyers at SPBMCC can help you determine if you have a case with a free case evaluation.
The Discovery Rule and Product Liability Claims
The discovery rule comes up in cases involving design defects, as it allows the statute of limitations to begin running from the date of discovery of the injury rather than the date of the injury itself. This is especially relevant in situations where the injury and ensuing medical bills and other expenses from a defective Halloween product may not become apparent until some time after the holiday has passed. In such cases, you may still have the opportunity to pursue a claim if you discover the injury within the two-year timeframe.
To seek compensation for injuries caused by design defects in Halloween products, you may file a product liability claim. In such cases, you typically need to prove the following:
- The product had a design defect that made it unreasonably dangerous.
- The defect directly caused your injury.
- The product was used as intended or in a reasonably foreseeable manner.
- You suffered damages as a result of the injury.
Navigating a product liability claim can be complex, and it is essential to consult with an experienced personal injury lawyer who specializes in these cases. A product liability attorney that serves New Jersey, such as those at SPBMCC, deeply understands state-specific laws and regulations, making them well-equipped to handle your case effectively.
If you or a loved one has been harmed by a defective Halloween product due to a design defect, connect with the experienced New Jersey product liability attorneys at SPBMCC today to understand your rights. We can help you navigate the complexities of product liability claims and fight for the compensation you deserve.
Contact the Experienced New Jersey Product Liability Lawyers at SPBMCC to Seek Justice Today
Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable full-service personal injury law firm specializing in various areas, including product liability. Our dedicated litigation support teams are committed to vigorously representing clients in matters such as 9/11-related illnesses, personal injury, car accidents, construction accidents, medical malpractice, premises liability, medical malpractice, and firefighter law across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.