Burlington County Product Liability Lawyer

Defective products cause serious injuries every year in Burlington County, and the companies responsible rarely acknowledge fault without a fight. Whether the product failed during ordinary use, carried a design flaw from the start, or came without warnings that might have prevented the harm, manufacturers and retailers have legal obligations to consumers that go well beyond what their legal teams will volunteer to discuss. As a Burlington County product liability lawyer, Joseph Monaco of Monaco Law PC has spent over 30 years holding those companies accountable, from negotiating with insurers who undervalue legitimate claims to taking cases to trial when that is what it takes to reach a fair result.

Why Product Liability Cases Are Different From Other Personal Injury Claims

Most injury claims turn on what a person did or failed to do. Product liability claims turn on what a company built, designed, or sold and whether it was reasonably safe for the people who would use it. That distinction changes how a case is investigated, what experts are needed, and how the law applies. New Jersey recognizes three distinct theories of liability in defective product cases, and understanding which one fits the facts is the first decision that shapes everything else.

A manufacturing defect means the product deviated from its intended design somewhere in the production process. A design defect means the product was made exactly as intended but the underlying design was unreasonably dangerous. A failure to warn claim means the product might have been safe if used with proper instructions or cautions, but the company never provided them. Some cases involve all three. New Jersey’s product liability statute, N.J.S.A. 2A:58C-1 et seq., governs these claims and sets out what an injured person must establish to recover.

• New Jersey imposes strict liability on manufacturers, meaning a plaintiff does not need to prove the company was careless, only that the product was defective and caused the injury.
• The statute of limitations for product liability claims in New Jersey is generally two years from the date of injury, and missing that window forfeits the right to recover.
• Compensable damages can include medical expenses, lost wages, permanent disability, and pain and suffering, as well as future costs when injuries require ongoing care.
• Sellers and distributors in the chain of commerce can also be held liable, not just the original manufacturer.
• When a defective product causes a death, surviving family members may bring a wrongful death claim in addition to a survival action on behalf of the decedent’s estate.

Pennsylvania law applies a different standard and uses a negligence-based framework in many product defect cases rather than strict liability. That matters if the product was purchased or used in Pennsylvania, or if the manufacturer is headquartered there. Having practiced in both states for decades, Joseph Monaco understands how to frame a claim under whichever body of law governs the facts.

The Industries and Products That Generate Claims in Burlington County

Burlington County’s economy spans a wide range of industries, and that diversity shows up in the kinds of product liability cases that arise here. The pharmaceutical and healthcare supply industries maintain a significant presence in the region, and defective medical devices and drugs have injured patients across the county. Power tools, construction equipment, and industrial machinery cause severe injuries to workers in the warehousing and logistics facilities that operate along the Route 130 corridor. Consumer goods, vehicles, children’s products, and household appliances generate claims as well.

Automotive defects deserve particular mention because they intersect with Burlington County’s heavy traffic on Routes 38, 73, and the New Jersey Turnpike. A tire blowout, a faulty airbag deployment, or a braking system failure does not just damage the vehicle. It causes crashes at highway speeds, and the injuries that result are catastrophic. Pursuing an automotive product liability claim requires accident reconstruction, examination of the vehicle’s electronic data recorder, and often a mechanical engineering expert who can explain what failed and why. That kind of case preparation takes time and resources, which is why contacting an attorney early matters.

Joseph Monaco has secured significant verdicts and settlements in product liability matters, including a $4.25 million recovery in a product liability claim. That track record reflects what it takes to go up against manufacturers and their insurers: thorough investigation, the right experts, and the willingness to try the case if a fair resolution is not offered.

What Goes Into Building a Product Defect Case

The most important thing an injured person can do immediately after a product injures them is preserve the product itself. Do not throw it away, return it, or allow it to be repaired. The physical product is often the most important piece of evidence in the case. Photographs of the product, the injury, the scene, and any packaging or instructions should be taken as soon as possible. If the product was purchased online or in a local store, save all records of the transaction.

Once the case begins, the investigation typically involves retaining a qualified expert in the relevant field, whether that is a mechanical engineer, a materials scientist, a pharmacologist, or a human factors expert depending on what the product is and how it failed. That expert will examine the product, review design documents and testing records obtained through discovery, and form an opinion about whether the product met reasonable safety standards. Manufacturers sometimes destroy or modify records after a lawsuit is filed, which is one reason preservation letters and litigation holds need to go out early.

Discovery in a product liability case often reveals prior complaints about the same defect, internal communications about known risks, or failed safety testing that the company never disclosed. That kind of evidence does not surface automatically. It requires aggressive discovery and, in some cases, motions to compel production when companies drag their feet. Joseph Monaco personally handles every case, which means he is the one reviewing documents, preparing depositions, and deciding how to use what discovery reveals.

Common Questions About Product Liability Claims in Burlington County

Does it matter if I was partially at fault for how I used the product?

New Jersey follows a modified comparative fault rule. As long as your share of fault does not exceed 50 percent, you can still recover, though your damages will be reduced proportionally. Whether a plaintiff’s use of a product was foreseeable is often a contested issue, and manufacturers routinely argue misuse as a defense. That argument does not automatically win, especially when the misuse was something a reasonable company should have anticipated and warned about.

What if the product was recalled after my injury?

A recall does not eliminate your claim and can actually support it by establishing that the manufacturer knew or should have known the product was dangerous. Timing matters, though. If the recall predated your injury and you received notice but continued using the product, the company will raise that as a defense. The facts around when you knew about any recall and what information accompanied it are worth discussing in detail.

Can I sue if I was injured by a product I did not personally buy?

Yes. New Jersey’s product liability law extends to bystanders and third parties who are injured by a defective product, not just the original purchaser. Someone injured when a neighbor’s power tool malfunctions, or a passenger hurt when a vehicle component fails, has the same right to bring a claim as the person who bought the product.

How long do I have to file a product liability lawsuit in New Jersey?

The standard limitations period is two years from the date of injury. However, the discovery rule can extend that deadline in cases where the connection between the product and the injury was not immediately apparent, such as with some pharmaceutical or toxic exposure claims. The safest course is to consult an attorney as soon as you identify a potential claim, rather than waiting to see how the injury develops.

What does it cost to hire a product liability attorney?

Monaco Law PC handles product liability cases on a contingency fee basis, which means no legal fees are owed unless a recovery is made. The firm also provides a free, confidential case analysis so you can understand your options before making any commitment.

Can I bring a claim if the company that made the product is no longer in business?

Possibly. Successor companies that acquired the assets of a dissolved manufacturer may inherit product liability exposure. Additionally, retailers, distributors, and others in the chain of commerce can be named as defendants when the original manufacturer is unavailable. This is a fact-specific analysis, and working through the corporate history of the product is part of what an attorney does in the early stages of a case.

What if the product was defective but the company is based overseas?

Foreign manufacturers can be sued in New Jersey courts if their products are sold or distributed here, though serving process and enforcing a judgment can be more complex. In those situations, U.S.-based importers and retailers often end up bearing significant liability because they are more reachable. The analysis depends on how the product entered the market and who the responsible parties are in the domestic supply chain.

Talk to a Burlington County Product Defect Attorney Before More Time Passes

Product liability cases require early action because evidence degrades, products get discarded, and statutes of limitations run whether or not you are ready. Joseph Monaco of Monaco Law PC has been handling product defect claims throughout Burlington County, Camden County, Atlantic County, and Cumberland County for over 30 years, and he personally works every case placed in his hands. If you were injured by a defective product and want to understand what your claim is worth and what it would take to pursue it, contact Monaco Law PC for a free, confidential case analysis with a Burlington County product defect attorney who will give you a straight answer.