Product Liability Act (PLA)

These three categories of Products Liability Law are enumerated under New Jersey’s Product Liability Act (PLA) which provides that a product manufacturer or seller shall be liable in a product liability action if the plaintiff proves by a preponderance of the evidence that “the product causing the harm was not reasonably fit, suitable or safe for its intended purpose[.]”

The PLA defines three types of defect, each of which may render a product “not reasonably fit, suitable or safe”:

(a) a manufacturing defect;
(b) a failure to “contain adequate warnings or instructions”; and
(c) a defective design. N.J.S.A. 2A:58C-2.

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