If you were injured by a defective product, you may have a lawsuit against its manufacturer. In many cases your injury may have been avoidable if the manufacturer had taken reasonable precautions to protect you as the user. Injuries caused by a defective product is a specialized area of personal injury law known as product liability.
In a product liability case a plaintiff does not have to prove negligence. If you were injured in the workplace while performing a work-related task, the defendant cannot assert misuse of the product as a defense against you as the plaintiff.
In some cases the manufacturer of the defective machine may no longer be in business. However, investigation will determine that a successor company, which acquired the manufacturer, may be liable for the dangerous design.
George T. Baxter, Esq., an experienced product liability attorney who has successfully litigated such cases, will investigate your case to determine whether a successor company exists which acquired the manufacturer of the defective product. In many cases a newer successor company that acquired the original company is responsible for your injury.
In our recent successful case, our client, Salvador Huapaya, was injured on the job while operating a printing machine that was manufactured in 1972. The machine pulled Salvador’s arm into the rollers and crushed his arm. The original manufacturer was no longer in business. However, Mr. Baxter proved under New Jersey product liability law that although the original manufacturer was no longer in business, the new company that continued to make the same machine with the same owner, was a “successor company” responsible for Mr. Huapaya’s injuries.
Mr. Baxter continued to investigate the case and found the company’s chief engineer had recommended safety devices 40 years earlier that could have prevented the machine from crushing his client’s arm.
Mr. Baxter won a seven-figure confidential settlement for his client.
“An old machine pulled my arm into it leaving me disable. The manufacturer had gone out of business. Mr. Baxter tracked down the successor company and got me a large settlement. Thank you, Mr. Baxter.“
– Salvador Huapaya
George T. Baxter, Esq., is an experienced New Jersey product liability lawyer, who has won millions of dollars for his clients, injured by dangerous products. With more than 37 years of trial experience in the area of product liability, Mr. Baxter has helped hundreds of injured clients to receive compensation from the manufacturers of dangerous products. These include dangerous work machines, household products, defectively- designed automobiles and medical devices.
As part of the tort reform movement, the New Jersey legislature passed the New Jersey Products Liability Act (NJPA), which provides the basis for consumer lawsuits for plaintiffs injured by defective products. The act provides three bases for relief: a design defect, a manufacturing defect, or a failure to warn about the safe use of the machine, device or pharmaceutical.
To win on a failure to warn action, the injured plaintiff has to prove that the defendant – manufacturer failed to provide proper warnings or instructions about how to use its product safely.
New Jersey product liability law is a specialized area of law that requires an experienced product liability trial attorney like George T. Baxter, Esq.
Under New Jersey law, manufactures have to label adequately their products to warn of all dangers associated with its use. The manufacturer must also provide proper safety devices on the product to guard against injuries. In most cases, an engineer or other professional is used to inspect the product and help make the determination that the product failed to have either an adequate warning, or safety device or flawed designed to obtain a settlement or award.
Mr. Baxter aggressively represents his clients to make sure they are treated fairly against the manufacturer of a dangerous product. You may be entitled to compensation for your injuries, pain, suffering, lost income, disabilities and medical bills. Call George T. Baxter, Esq. for a free consultation. There is no legal fee unless our law firm recovers a settlement or an award for you.
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