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Product Liability

Every day, North Carolinians put their trust in the products they purchase. We assume that safety and quality have been addressed during each step of product distribution, from design to manufacturing to sales. When someone is injured because of a defective product, they may be able to recover monetary compensation under North Carolina law.

If you have been harmed by a faulty product, seeking legal assistance is crucial. A skilled product liability lawyer can help you navigate the complexities of the legal system and advocate for your rights. They will gather evidence, hire the right experts, evaluate the merits of your case, negotiate with the liable companies or their insurers, and represent you in court if necessary.

What Is Product Liability?

Product liability refers to the legal responsibility of manufacturers, designers, distributors, and sellers for injuries or damages caused by their defective products. It holds them accountable for defects or failures that make the product unreasonably dangerous to consumers.

Legal Principles and Standards

Certain legal principles and standards are considered when pursuing a product liability claim. These may include:

  • Negligence: Manufacturers may be found negligent if they fail to exercise reasonable care in their product design, production, or distribution.
  • Breach of Warranty: When a product fails to meet the express or implied promises made by its manufacturer or seller, it may be considered a breach of warranty.
  • Consumer Protection Laws: Various federal and state consumer protection laws offer additional safeguards for consumers, enabling them to seek compensation for injuries or damages caused by defective products.

Contributory negligence is among North Carolina product liability cases’ most challenging issues. North Carolina is one of only four states still applying contributory negligence principles to cases. This outdated rule provides that if a consumer negligently contributed to their injury, they cannot recover damages. An example is when a consumer’s injury results from improperly using the product.

North Carolina Liability

North Carolina’s General Statute Chapter 99B describes the conditions that must be met in product liability cases. It states that an injured party must prove one or more of the following claims:

  • The product that caused the injury was manufactured or designed in an unreasonable manner, creating a risk of harm to the consuming public. 
  • The manufacturer failed to warn consumers of the dangers associated with their product appropriately.
  • The manufacturer failed to give proper instructions for the product’s use.  For instance, if a piece of electronic equipment can cause burns if used in a particular manner, failing to warn that this could happen could lead to liability.

Representation for Product Liability Claims

Product liability law plays a vital role in safeguarding consumers and fostering accountability within the manufacturing industry. If you are an injured consumer seeking justice for your injuries, our team of experienced lawyers is here to assist you every step of the way.

Contact us today to learn how we can protect your rights and interests in product liability cases. We aim to promote safety, accountability, and justice in the marketplace.