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How to Prove a Product Defect in North Carolina: Your Legal Options

If you’ve been injured by a defective product in North Carolina, proving the defect is crucial for holding the responsible parties accountable. A successful product defect claim requires demonstrating that the product was unsafe and that it caused your injuries. Here’s a practical guide on how to prove a product defect and your legal options.

Identify the Type of Defect

Product defects typically fall into three categories. Understanding which type applies to your situation will help you build your case:

Gather Evidence

Collecting and preserving evidence is critical to proving a product defect:

Prove the Claim

North Carolina product liability law is different from many other states.  Some states apply “strict liability” to product liability cases.  That basically means a manufacturer is automatically liable when its product injures someone—there is no need to prove fault or that the manufacturer of the product did not act reasonably in some manner.

North Carolina, on the other hand, applies a negligence standard to product liability cases, which is outlined in Chapter 99B of the North Carolina General Statutes.  An injured party must prove one or more of the following allegations:

In addition to manufacturers, retailers and other sellers may be liable when a product injures someone.  The test is whether the seller exercised reasonable care, and, if it did not, whether its failure to do so contributed to the injury.  If the product was enclosed in a “sealed container” such that the seller could not have inspected it, it is likely the seller will not be liable for any injuries.

It’s important to note that there may be other legal theories of recovery available to an injured party in addition to a product liability claim.  In particular, an injured party may have a claim under North Carolina’s “breach of warranty” legal theory.  For example, if a manufacturer or seller either expressly or impliedly communicates that a product is safe for a particular purpose, and it is not, a warranty claim may be available.  However, many of the defenses that apply in product liability actions also apply to breach of warranty claims.

Consult with an Attorney

Navigating a product defect claim can be complex, involving technical details and legal arguments. Consulting with an experienced attorney can help:

Conclusion

If you’ve been injured by a defective product, understanding your legal options and proving the defect is essential for securing compensation. At Ward and Smith, our team of skilled personal injury lawyers can help you navigate the complexities of product defect claims and ensure that your rights are protected. Contact us today for a consultation and let us assist you in pursuing justice for your injuries.

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