When a product that is defective causes injury to a person using the product, product liability becomes an issue. Product liability is when wholesalers, manufacturers, vendors, and distributors are liable for damages caused by their defective products. The manufacturers are held responsible for putting a product on the market that they should have known was dangerous.
Anthony Kearns, Victor Rotolo, and the attorneys at Kearns Rotolo Law have the experience to advocate for your rights in a product liability claim. Messrs. Kearns and Rotolo, along with the attorney team at Kearns Rotolo Law are dedicated to protecting people's rights.
Victor A. Rotolo has been a member of the Million Dollar Advocates Forum since June 2002 and in 2016 became a member of the Multi-Million Dollar Advocates Forum. The Million Dollar Advocates Forum members are attorneys who have won verdicts and settlements in the amount of one million dollars and above. Members of the Multi-Million Dollar Advocates Forum have won multi-million dollar settlements and verdicts. [No aspect of this advertisement has been approved by the Supreme Court.]
Victor A. Rotolo has been included on the List of New Jersey Super Lawyers in the years 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022, marking his seventeenth year of inclusion on this list. The list of New Jersey Super Lawyers is generated by the Thomson Reuters organization which employs the following methodology and set of standards to compile the list each year. Super Lawyers Selection Methodology [No aspect of this advertisement has been approved by the Supreme Court.]
Victor A. Rotolo is certified by the Supreme Court of New Jersey as a Civil Trial Attorney.
"A certified attorney is more than just an attorney who specializes in a particular area of law. A New Jersey attorney who is certified by the Supreme Court as a civil trial attorney must have:
- been a member in good standing of the New Jersey bar for over 5 years
- demonstrated a substantial level of experience in civil trial law
- been favorably evaluated by other attorneys and judges familiar with his or her work
- taken and passed a written examination in civil trial law."
Source: Supreme Court of New Jersey, Board on Attorney Certification, Brochure on Certified Civil Trial Attorney. See Rule 1:39: Specialty Certification of Attorneys.
Any party in the chain of manufacture of the product may be considered responsible for a defective product, whether it be a manufacturer of the component parts or pieces of the product, a manufacturer that assembles the product, or the sellers/distributors of the product at the wholesaler and retail–store–owner level. Products are usually considered tangible retail property, but the definition can extend to anything, such as gas, pets, and real estate.
There are many different reasons to claim product liability for injuries from a defective item. They can be:
- Defective Design: When a mistake or oversight in the development of a product causes the product to become dangerous when manufactured and used as intended, the manufacturer may be considered liable.
- Manufacturing Defect: Liability occurs when there is a defect during the manufacturing process that makes the product more dangerous then originally intended.
- Defective Warning: Also known as marketing defects. This is when a manufacturer fails to provide adequate warning labels or instructions to warn of the dangers associated with the normal use of the product.
- Breach of Warranty: The manufacturer may be held liable for injuries suffered by the failure to conform to an express warranty. Even if there is no express statement, if the product is not fit for is intended use, there may be a breach of implied warranty.
- Strict Liability: If a product is more dangerous than an ordinary consumer would contemplate, the manufacturer could be held strictly liable for selling a defective and unreasonably dangerous product.
In any instance, it must be proved that the product used was defective and that the injury incurred was caused by the defective product. If you or a loved one has suffered from a injury due to a defective product, call Kearns Rotolo Law.
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Attorneys' fees are only collected if your case is resolved successfully on your behalf. These fees are referred to as "contingency fees" because the fees are dependent (i.e., contingent) upon the success of your case.
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Make sure that your rights as a consumer are fully represented; contact Kearns Rotolo Law.