Find Product Liability Lawyers Near You in Marlton, NJ

The cost of hiring a product liability lawyer in New Jersey is typically structured as a contingency fee, meaning the lawyer receives a percentage of your recovery only if you win. Contingency fees in this practice area generally range from 33 percent to 40 percent, with the higher percentage often applied if the case goes to trial or requires an appeal. In addition to the fee, clients are responsible for case costs, which can include expert witness fees (often $300 to $1,000 per hour), engineering analysis, medical record retrieval, and court filing fees. These costs can total between $5,000 and $50,000 or more for complex cases, and they are usually advanced by the law firm and deducted from the final settlement or verdict.

It is important to note that while most firms offer free initial consultations, you may be required to reimburse costs if your case is unsuccessful, depending on the terms of your retainer agreement. Some firms may waive costs if they do not recover compensation, but this is not guaranteed. Always review the fee agreement carefully before signing. This information is general and does not constitute legal advice; you should consult with a qualified attorney to understand the specific costs and terms for your situation.

Product liability law addresses the legal responsibility of manufacturers, distributors, and retailers for injuries caused by unsafe products. In Marlton, New Jersey, these claims typically arise from four distinct legal theories: defective design, where a product is inherently unsafe even when made correctly; manufacturing defects, where a product deviates from its intended design during production; failure to warn, where a manufacturer does not provide adequate instructions or warnings about a product’s risks; and breach of warranty, where a product fails to meet express or implied promises of safety. New Jersey law also recognizes strict liability, meaning a plaintiff does not need to prove negligence—only that the product was defective and caused harm. This strict liability standard makes it easier for injured consumers to recover damages, as they do not have to show that the manufacturer acted carelessly, only that the product was unreasonably dangerous.

New Jersey has specific statutes that govern product liability cases. The state adopted strict liability in the landmark 1960 case *Henningsen v. Bloomfield Motors*, and later codified it in the New Jersey Products Liability Act (N.J.S.A. 2A:58C-1 to -11). Under this statute, the statute of limitations for filing a product liability claim is two years from the date of injury or from when the injury was discovered or should have been discovered. However, New Jersey also has a statute of repose, which bars claims for products that are more than ten years old, unless the product caused harm due to a defect that existed at the time of sale. Additionally, New Jersey follows a modified joint and several liability rule: a defendant is jointly and severally liable for economic damages if they are found to be at least 60 percent at fault, but for non-economic damages (like pain and suffering), each defendant is only responsible for their percentage of fault. These rules can significantly affect how a case is valued and pursued in Burlington County courts.

Common product liability cases in Marlton involve a wide range of consumer goods. Defective vehicles are frequent subjects, including recalls for faulty airbags, brake systems, or steering components that cause accidents. Dangerous drugs and medical devices, such as recalled blood thinners, hip implants, or hernia mesh, often lead to complex litigation. Household products like power tools, children’s toys, and kitchen appliances can cause burns, lacerations, or electrocution if they are poorly designed or lack safety guards. Industrial equipment failures, such as malfunctioning forklifts or conveyor belts, can result in severe workplace injuries. Food contamination cases, where products contain pathogens like Salmonella or E. coli, also fall under product liability law. Each of these cases requires a thorough investigation to determine whether the product was defective and whether the defect directly caused the injury.

To prove a product liability claim in New Jersey, a plaintiff must demonstrate three key elements: that the product was defective, that the defect existed when the product left the defendant’s control, and that the defect caused the plaintiff’s injury. Expert testimony is almost always required, especially in complex cases involving engineering, pharmacology, or toxicology. For example, a mechanical engineer might testify about a design flaw in a car seat, while a medical expert might explain how a drug caused a specific injury. Preserving the product as evidence is critical; the product must be kept in its original condition, unaltered, and stored securely. Recall records from the Consumer Product Safety Commission (CPSC) or the Food and Drug Administration (FDA) can provide powerful evidence that a manufacturer knew about a defect but failed to act. Photographs, receipts, and medical records also play a vital role in building a strong case.

When hiring a product liability lawyer in Marlton, clients should expect a contingency fee arrangement, meaning the lawyer receives a percentage of the final settlement or verdict only if the case is successful. Typical contingency fees in New Jersey range from 33 percent to 40 percent, with the higher percentage often applied if the case goes to trial or requires an appeal. However, case costs—such as expert witness fees, engineering analysis, medical record retrieval, and court filing fees—can be substantial, often ranging from $5,000 to $50,000 or more, depending on the complexity of the case. These costs are usually advanced by the law firm and deducted from the final recovery. In some cases, multiple plaintiffs with similar injuries from the same product may join a Multi-District Litigation (MDL), which consolidates cases for pretrial proceedings while allowing individual trials later. An MDL can reduce costs and streamline discovery, but it may also delay resolution for some plaintiffs.

Class actions and MDLs are two common procedural mechanisms for product liability cases involving many injured people. In a class action, a single representative plaintiff sues on behalf of a group of similarly situated individuals, and any settlement or judgment applies to all class members unless they opt out. New Jersey courts require class actions to meet strict criteria, including numerosity (a large number of plaintiffs), commonality (shared legal issues), and adequacy of representation. MDLs, by contrast, are used in federal court when numerous cases involve the same product but are filed in different districts. A judge oversees pretrial proceedings, and bellwether trials—a few representative cases tried first—help gauge how juries might rule on similar claims. Settlement funds are often created after bellwether trials, with compensation distributed based on injury severity. The pros of joining a class action or MDL include lower individual costs and the ability to share expert resources. The cons include less control over the case and potentially lower individual compensation compared to an individual lawsuit. Opting out of a class action allows a plaintiff to pursue their own case independently, which may be advisable if their injuries are unusually severe or unique.