Product Liability

Product Liability

Have you or a family member suffered an injury or loss of life as the result of a defective product? Was the incident the result of a hazardous product? Or were the injuries the result of a design/manufacturing defect, improper distribution, or poor/missing instructions/warnings? If so, you have the right to financial compensation. You owe it to yourself to retain the sound counsel of a highly competent attorney. The skilled personal injury attorneys at Malamut & Associates can help you.

At Malamut & Associates, we know that it can be difficult to understand your rights when it comes to product liability. Product liability can be is confusing and not very obvious to the consumer. Contacting a knowledgeable product liability personal injury attorney as soon as possible will help to ensure your rights are protected and evidence is preserved. We are here to make sure your case is handled correctly. If you or a family member were injured or suffered loss of life, it is important to retain the representation that best fits your needs. We offer free consultations in person at our office in Cherry Hill, NJ, or we can come to you. Contact Malamut & Associates today to schedule your free consultation. We look forward to meeting you.

A Business Has a Responsibility to their Customer

Businesses have a legal responsibility to their customers to produce and distribute products that are safe for use or consumption. When injuries are suffered due to the use or consumption of a product, a product liability claim questions the means by which a product was ensured to be safe and dependable. Although obvious to some, dangers must be addressed by manufacturers for the safety of consumers. This is the case even if a manufacturer learns of the issue after the product has been distributed.

What Constitutes a Defective Product Claim?
The three basic type of defective products are below.
  • Manufacturing Defects: The product was made unsafe by the process in which it was made. The product itself is not unsafe, the defect is with a departure from the products intended design. For example, the materials used differ from the intended design and are not strong enough for the intended purpose of the product causing failure.
  • Design Defect: There are two subcategories of design defects. In one, there are “inadvertent design errors”. The other involves “conscious design choices.” Design errors are flaws in the manufacturing of a product and are treated easily by the courts. For example, a design was wrong because someone made a mistake. That mistake created a hazard and someone was hurt. Conscious design choices are just what they sound like. The design has turned out exactly how the designer and manufacturer intended, but the product still caused injury or death.
  • Insufficient Instructions/Warnings: There is no issue with the design or manufacturing of a product. If used correctly, the product poses no risk. However, someone is still injured or killed. An argument can be made the product should have been made safer.

Everyday products can cause serious injury or death if they are designed, manufactured, or distributed improperly. Anybody can look at a product like an industrial machine or a household appliance and see where a defect can cause major harm. Even products such as clothing or food, which seem in no way a threat, can lead to a catastrophe. Regardless of product type a manufacturer has a duty to produce and distribute safe products. Any failure to protect the consumer from harm, could constitute product liability.

Any product can be defective, but products with history of defects include:
  • Electrical wiring
  • Apparel
  • Cosmetics
  • Tanning Beds
  • Age-inappropriate toys that cause choking hazards or injuries
  • Toys and jewelry containing lead or other toxins
  • Contaminated food
  • Alcoholic Beverages
  • Flammable household items and clothes
  • Home furnishings
  • Lack of safeguards
  • Lack of warning when a product is unsafe to use as intended
  • Inadequate instructions regarding the use of a product
  • Firearms
  • Over the counter Medical Products & Devices
  • Pharmaceutical Products
  • Automobiles, Trucks, Motorcycles, RVs, ATVs, Boats, etc..
  • Construction equipment
  • Escalator and elevator
  • Manufacturing and industrial equipment
  • Insulation and Asbestos
  • Workplace Equipment
  • Recreational Safety Equipment
How Can We Help?
Contact Malamut & Associates today to schedule a consultation for us to discuss your specific situation.


We offer free consultations in person at our Cherry Hill, NJ office, or we can come to you. All personal injury cases are handled on a contingency basis, meaning that you will not pay any attorney fees at all unless we secure recovery compensation on your behalf. If we are not the appropriate firm to help you, we will offer counsel as to your best options. A representative of the firm can be reached at (856)424-1808, 24 hours a day, 7 days a week, 365 days a year. We look forward to meeting you.