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Wellborn Paluch, LLP Blog

Sunday, February 26, 2017

New Jersey school district accuses FieldTurf manufacturer of defective product

What must be proven in a manufacturer defect case?

Companies that manufacture products have a responsibility to make sure what they create is both safe for users and free from defects. Despite this fact, hundreds of thousands of people are injured each year as a result of defective products.

There are many safety regulations that dictate the process for building a wide array of products, from automobiles to car seats. Additionally, products are often subject to strict testing standards.

Generally, product defects can be either:

1. Design defects, which are flaws that make a product dangerous

2. Manufacturing defects, which stem from problems in manufacturing or bad parts

3. Marketing defects, which can include things like bad instructions or lack of warning

However, some problems with products do persist. Defects during the manufacturing process can be dangerous, and result in injury or even death.

Late last month, a school district in New Jersey sued a turf manufacturer for alleged product liability and manufacturer defect. The case, filed by the School District of the city of Newark, alleged that FieldTurf USA Inc. was aware that the turf they produced was “prone to premature deterioration and failed to inform the plaintiff regarding this defect.”   

What Are Manufacturing Defects?

Manufacturing defect cases usually stem from a claim of injury or death caused by a problem in the manufacturing process.

Manufacturer defect cases can be hard to prove, which is why you need an experienced personal injury lawyer if you have been injured. Many manufacturing defect cases are against big businesses or corporations, which makes a personal injury lawyer a powerful advocate.

In order to win a manufacturing defect case, there must be proof that the manufacturing defect specifically led to an injury or death. The manufacturer is not liable if the injury or death was due to misuse of the product.  The right personal injury lawyer will be able to get you the compensation you need, and also take the steps to make sure the product in question is either modified or taken off the market.

What Must Be Proven?

Generally you must be able to prove that:

1. You were injured or suffered some sort of loss due to the product

2. The product is defective

3. The product’s defect led to your injury

4. The product was being used as it was intended

State law does vary in regards to the exact requirements. New York and New Jersey allows the actual person who was injured or the family of a person who died to file a case if they feel there was a defect in the manufacturing.

What Must Companies Do?

Once it is established a product is defective, engineers within the company must follow specific requirements in order to address any defective issues. They must ensure any dangerous conditions are guarded against if the product cannot be redesigned without maintaining utility, and be able to construct a new product if necessary.  

What Can You Do?

If you were injured in an accident due to a manufacturer’s defect, you may be able to recover compensation for past and future medical care, lost wages, and pain and suffering. At Wellborn, Paluch, LLP, our highly skilled personal injury attorneys will be your dedicated advocates and vigorously fight for your right to just compensation. Call us today at (844) 855-HURT for a free consultation. Let us put our experience to work for you.


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