What constitutes a defective product?
A. Under the New Jersey Product Liability Act, a product is defective if it is unfit, unsafe and unsuited for it’s reasonably intended and foreseeable uses. The focus is not on the conduct of those making or selling the product but rather on the product itself. Stated another way, even if a company used all the care in the world in making its product, if it is determined to be defective, the company is liable. There are three ways that a product is generally considered defective. First, a product can be defective by design. In other words, the design of the product causes it to be dangerous even though the manufacturer made it exactly as specified in the design. The second way a product is defective is if it contains a manufacturing flaw. For example, a product could be designed properly and safe but because of an error somewhere in the manufacturing process, one or more of the products could become dangerous because of that flaw. The third way a product can be defective is where the m
