When a product does not work as expected, it is not always easy to tell whether the issue lies in the product itself or in how it is being used. In New Jersey, understanding this distinction is critical, especially if the product causes harm. The state’s product liability laws offer protection for consumers, but they hinge on identifying the root cause of the malfunction.
A product may be considered defective if it does not function safely or as expected, even when used correctly and for its intended purpose. New Jersey law generally categorizes defects into three types: design defects, manufacturing defects and marketing defects
A product has a design defect when its original blueprint contains flaws that make it dangerous even when used as intended. In contrast, a manufacturing defect happens when something goes wrong during production, resulting in a final product that doesn’t match the approved design. A marketing defect involves problems with how a product is presented, usually related to missing or insufficient warnings and usage instructions.
In other words, the product is working correctly, but you were not warned about some danger or not properly instructed on how to use the product safely. If you used the product according to the manual and something still went wrong, such as an unexpected injury or failure to function, then a defect may be present.
Separating misuse from product failure
If something goes wrong with a product, the initial step is to verify that it was used in accordance with the maker’s guidelines. If so, then look for patterns. Are other users reporting similar problems? Has the product been recalled or flagged by safety agencies? Online safety bulletins and forums help consumers verify whether an issue is widespread or unique to their experience.
Tracking the issue and gathering evidence
If you suspect a defect, begin documenting your experience. Take note of the product name, model, purchase date and how you used it. Photograph or video any visible issues. Compare your usage with the manufacturer’s guidance. The New Jersey Courts’ product liability guide outlines the type of evidence courts find persuasive when reviewing product defect claims.
New Jersey law allows individuals to seek compensation for injuries caused by faulty products, even if the manufacturer was not negligent. Identifying potential defects early and collecting strong documentation can be essential for addressing product-related harms under the state’s liability standards.