Products Liability

Raff and Raff > Personal Injury Practice > Products Liability

We are New Jersey Product Liability & Defective Product Lawyers

Litigating under the New Jersey Product Liability Act, holding global manufacturers strictly liable for defects, and protecting injured victims in Passaic, Bergen, and Northern New Jersey since 1922.

We use thousands of manufactured products, appliances, tools, vehicles, and medical devices every single day. We reasonably expect that the items we bring into our homes, use on our job sites, or rely on for our healthcare have been rigorously tested, safely designed, and manufactured without dangerous flaws. But when a global corporation cuts corners on safety testing to maximize profits, a defective product can cause catastrophic, life-altering injuries in a single, devastating second.

At Raff & Raff, LLP, we have protected injured New Jersey residents and their families for over a century (1922–Present). We know that pursuing a product liability claim requires immediate, sophisticated, and aggressive legal action against massive corporate manufacturers and their multi-billion-dollar insurance carriers. Led by our Managing Partner Stephen T. Raff, Esq.—recently honored as the Passaic County Bar Association’s Distinguished Lawyer of the Year— and Certified Civil Trial Attorneys Michael S. Raff, Esq. and Daniel A. Levy, Esq., our active trial team immediately goes on the offensive.

We do not let corporate defense lawyers downplay the product’s failures or attempt to blame you for “misusing” an item that was inherently dangerous. We prepare every single product liability case from day one as if we are presenting it to a jury. We partner with leading mechanical engineers, materials scientists, and safety experts to perform forensic audits of the failed product, proving exactly how the defect caused your injury to force a maximum settlement.

We represent injured clients strictly on a contingency fee basis under our No Recovery, No Fee Guarantee. This means you do not pay us a single dollar out-of-pocket, and we only collect a legal fee if we successfully win a financial settlement or jury verdict on your behalf.

An injured woman treats a severe hand and wrist burn in a residential kitchen next to a defective, short-circuited kitchen blender, illustrating a strict product liability case in Northern New Jersey.

Overcoming Complex Obstacles in New Jersey Product Liability Law

Select a category below to discover how we prove design defects, manufacturing flaws, and failures to warn under New Jersey law:

Proving Design Defects (N.J.S.A. 2A:58C-2)

The Risk-Utility Standard

A design defect occurs when an entire product line is inherently dangerous because of its specifications, meaning every single unit manufactured contains the same hazardous flaw.

  • Our Approach: Under the New Jersey Product Liability Act, we prove a design defect by utilizing the “risk-utility” standard. We work with engineering experts to demonstrate that the dangers of the product’s design outweigh its usefulness, and that a technologically feasible, economically practical Alternative Safer Design existed at the time of manufacture that would have prevented your injury.

Proving Manufacturing Flaws

Deviations from the Blueprint

A manufacturing defect occurs when a product is designed safely, but a physical error during the fabrication, assembly, or quality control process causes a specific unit to depart from its intended specifications.

  • Our Approach: We prove a manufacturing flaw by comparing the failed unit that caused your injury directly with the manufacturer’s original design blueprints, raw material specifications, and quality control logs. If the product deviated from its own standard—for example, if a structural weld was weak or a component was made of inferior metal—the manufacturer is held strictly liable.

Proving “Failure to Warn”

Defective Warning & Instructions

Even if a product is designed and manufactured perfectly, a company is legally liable if they fail to provide adequate instructions or clear, prominent warnings regarding known, non-obvious hazards.

  • Our Approach: We establish liability by proving that the manufacturer had actual or constructive knowledge of a danger associated with the product’s foreseeable use, but failed to provide a warning that a reasonably prudent person would expect. We analyze instruction manuals, warning labels, and marketing materials to build an undeniable case for court.

Serious & Life-Altering Injuries Resulting from Product Defects

Because defective products often involve high-speed machinery, high-voltage electrical components, pressurized systems, or flammable materials, product failures frequently cause catastrophic trauma, including:

  • Severe Traumatic Brain Injuries (TBIs): Concussions, skull fractures, and cognitive deficits caused by exploding components, flying metal debris, or falling structural parts.
  • Traumatic Amputations & Crush Trauma: The loss of fingers, hands, or limbs caused by failing industrial safety guards, defective power tools, or heavy machinery malfunctions.
  • Severe Burn & Electrocution Injuries: Deep-tissue thermal, chemical, or electrical burns caused by defective appliance wiring, lithium-ion battery explosions, or pressurized chemical lines.
  • Spinal Cord Injuries & Paralysis: Herniated discs, fractured vertebrae, and permanent nerve damage caused by collapsing ladders, defective scaffolding, or seatbelt/airbag failures in auto accidents.
  • Choking & Internal Trauma in Children: Internal lacerations, toxicity, or asphyxiation caused by defective children’s toys with small parts or unsecured battery compartments.

Critical Steps to Take After an Injury Caused by a Defective Product

  1. Prioritize Immediate Emergency Medical Care: Go to the nearest emergency department or trauma center (such as St. Joseph’s Level 1 Trauma Center in Paterson) to treat and document your physical injuries immediately.
  2. PRESERVE THE DEFECTIVE PRODUCT (CRITICAL): Do not throw away, clean, repair, or discard the product, its packaging, instruction manuals, or purchase receipts. This item represents the absolute core of your legal claim. If the product is destroyed, the insurance company will claim “spoliation of evidence” to dismiss your case.
  3. Secure All Physical and Digital Evidence: Take high-resolution photos and videos of the defective product, the exact component that failed, your physical wounds, and the location where the injury occurred.
  4. Do NOT Return the Product to the Manufacturer: If the manufacturer or retailer asks you to return the defective product to them for an “evaluation” or a refund, do not send it. This is a common corporate tactic to seize and destroy the primary physical evidence of their negligence.
  5. Speak Face-to-Face with an Experienced Trial Attorney: Consult immediately with a seasoned product liability advocate who knows how to coordinate expert inspections, draft formal protective letters, and litigate against massive corporate defendants.

Rooted in Paterson to Serve Passaic, Bergen & Northern New Jersey

Because product liability lawsuits are litigated in the local county courthouse, our central office on Church Street in Paterson is located less than a 5-minute walk from the Passaic County Courthouse Complex, where local Passaic County negligence lawsuits are filed, litigated, and decided.

Because we maintain a fully staffed second office footprint in Ridgewood, we are uniquely positioned to represent Bergen County residents. We routinely represent product injury victims receiving critical emergency care at major regional healthcare hubs throughout Northern New Jersey, including:

  • St. Joseph’s University Medical Center (Paterson – Passaic County’s premier Level 1 Trauma Center)
  • The Valley Hospital (Paramus / Ridgewood – directly adjacent to our Bergen County office footprint)
  • Hackensack University Medical Center (Hackensack – Bergen County’s leading trauma hub)
  • Morristown Medical Center (Morristown – serving our Morris County accident clients)
  • Cooperman Barnabas Medical Center (Livingston – serving our western Essex County clients)
  • St. Joseph’s Wayne Medical Center (Wayne)
  • Clifton Urgent Care & Local Medical Centers (Clifton)
  • Holy Name Medical Center (Teaneck)
  • Jersey City Medical Center (Jersey City – serving our Hudson County clients)

Frequently Asked Questions About Product Liability Law

No. Under New Jersey’s strict product liability standards, you do not have to prove that the manufacturer acted carelessly or negligently during the design or fabrication process. You only have to prove that the product was defective (due to a design flaw, a manufacturing defect, or a failure to warn) when it left the manufacturer’s control, and that this specific defect directly caused your physical injury during foreseeable use.

Spoliation of evidence is the legal term for the destruction, alteration, or loss of critical physical evidence in a lawsuit. In product liability cases, securing and preserving the exact item that caused your injury is absolutely vital. If the defective product is thrown away, altered, or lost before a forensic engineer can inspect it, the defense can request the judge to dismiss your lawsuit because they cannot prepare an adequate defense. We issue immediate legal demands to ensure all evidence is locked down.

Yes. Under New Jersey’s comparative negligence statute (N.J.S.A. 2A:15-5.1), you can still recover financial compensation as long as your share of responsibility for the accident is 50% or less (meaning you were not more than half at fault). While misuse of a product can be factored into a defense, we often argue that the manufacturer should have reasonably foreseen your “misuse” and guarded against it or warned of its dangers, preserving your right to recover.

Under New Jersey’s statute of limitations (N.J.S.A. 2A:14-2), you generally have two years from the date of the injury to file a formal personal injury lawsuit in court. If you fail to file within this two-year window, you will lose your right to seek compensation forever. However, if the injury was caused by a defective product owned or operated by a public or government entity, you must file a formal Tort Claims Notice (Title 59 Notice) within 90 days of the incident to preserve your right to sue.

Protect Your Recovery. Protect Your Future.

Do not allow a massive product manufacturer or their corporate insurance carrier to delay your medical treatment, downplay your permanent pain, or offer a cheap settlement that fails to cover your future. Speak face-to-face with an experienced, award-winning Northern New Jersey trial attorney in our office or via a secure Zoom meeting. We will analyze your accident reports, review your medical files, and outline a clear, aggressive strategy to secure your future.

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