Getting hurt by a defective product can leave you wondering whether you have any legal options, especially when someone else purchased or obtained the product. You might question whether not having a receipt in your name means you cannot bring a claim.
Here are the factors that can matter instead.
You do not have to be the purchaser
New Jersey law protects people who directly use a product as well as those who could reasonably be expected to use or come into contact with it.
You may still have a claim if:
- Your parent or spouse purchased for the household
- A friend or relative loaned to you
- Someone gave you as a gift
- You received for free or won as a prize
In addition, you do not necessarily need the original purchaser to pursue a claim, but information from them about the product’s purchase or history could still help support your case.
The product must have had a defect
Simply suffering an injury while using a product does not automatically create a product liability claim. You generally need to show that the product had a defect that made it unsafe for its intended purpose and that the defect caused your injury. Those could involve the product’s design, manufacturing or warnings and instructions.
The circumstances after purchase can matter too. If the product became unsafe because someone altered it, damaged it or otherwise changed its condition after it left the manufacturer or seller, those may change the context of who is liable. This can help separate an injury caused by a defective product from one caused by something that happened to the product later.
Your use of the product still matters
How you used and cared for the product can also affect a product liability claim. For example, using an item for a purpose the manufacturer could not reasonably expect, ignoring important safety instructions or storing it in a way that damages it could raise questions about what caused the injury.
That does not mean every mistake by a user automatically defeats a claim. New Jersey courts have recognized that some misuse can remain relevant when the manufacturer could reasonably have anticipated that use. The key question involves whether the alleged defect actually contributed to the injury and whether the circumstances surrounding its use were reasonably foreseeable.
Do not assume you have no claim
Not purchasing the product does not, by itself, prevent you from pursuing a product liability claim. At the same time, the product’s condition, how you used it and what actually caused your injury can all affect your case. Preserve the product and related information, then consider reviewing those details with an attorney who can help assess whether you have a viable claim and what evidence could support it.