Product Liability Civil Charges

5.40J – Comparative Fault

5.40J COMPARATIVE FAULT

Defendant contends that plaintiff was at fault for the happening of the accident. To prevail on this claim, defendant must prove that plaintiff deliberately and knowingly acted in such a way as to create or materially increase a risk of injury and that such action was a proximate cause of the accident. Mere failure to discover a defect in the product or to guard against the possibility of its existence is not a defense. In other words, defendant must prove plaintiff had actual knowledge of the particular danger and knowingly and voluntarily encountered that risk before it can be found that plaintiff was at fault.



« Previous      Next »

Awards

Recognition held by some of our attorneys:

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision. For the comparison standards employed by the various lawyer rating companies, please visit superlawyers.com, bestlawyers.com, milliondollaradvocates.com, law.com, avvo.com, and thenationaltriallawyers.org. Prior Results do not guarantee a similar outcome, nor does visiting this website create an attorney client relationship.*

Tell Us About Your Case

Don’t hesitate. Don’t wonder. Don’t field questions from aggressive insurance companies. Contact Gill & Chamas, LLC today.

Contact Us

We serve clients throughout New Jersey

Townships
  • Woodbridge
  • New Brunswick
  • East Brunswick
  • Edison
  • North Brunswick
  • South Brunswick
  • Piscataway
  • Linden, Clark
  • Rahway
  • Middletown
  • Old Bridge
  • Sayreville
  • Perth Amboy
  • Elizabeth
  • Newark
  • Union
  • Middlesex County
  • Union County
  • Somerset County
  • Monmouth County
  • Mercer County
  • Hudson County
  • Bergen County
  • Ocean County
Counties
  • Atlantic County
  • Bergen County
  • Burlington County
  • Essex County
  • Mercer County
  • Middlesex County
  • Monmouth County
  • Ocean County
  • Passaic County
  • Somerset County
  • Sussex County
  • Union County
  • Warren County

Contact Us

655 N Florida Grove Road
Woodbridge, NJ 07095

3509 U.S. 9
Howell Township, NJ 07731

Phone: 732-324-7600
Fax: 732-324-7606