Understanding North Carolina’s Laws on Dangerous and Defective Products

Defective products can lead to serious injuries. If you are injured by a dangerous product, it is essential to understand your rights under North Carolina law.

This guide will help you navigate the legal landscape surrounding defective products in the state.

Types of Product Defects

In North Carolina, product liability claims generally fall into three categories:

Manufacturing Defects: A manufacturing defect occurs during the production process. A product may be flawed due to poor workmanship or the use of substandard materials, leading to safety hazards. For example, a batch of brakes manufactured with a faulty part could cause car accidents.
Design Defects: A design defect is an inherent flaw in a product’s design, making the product unsafe even when manufactured correctly. An example might be a poorly designed car seat that fails to protect children during a collision.
Failure to Warn (Marketing Defects): When a product lacks adequate warnings or instructions about potential risks, it can lead to injury. For instance, if a medication does not include sufficient warnings about dangerous side effects, it could lead to serious health issues for consumers.

Legal Grounds for a Product Liability Claim

Some states apply a “strict liability” standard to product liability claims, meaning that you do not have to prove the manufacturer was negligent and only need to show that the product was defective and caused your injury.

However, to succeed in a product liability claim in North Carolina, you must satisfy a “negligence” standard. You must prove that the manufacturer or designer, of a product was negligent in designing or making the defective product. This could involve showing that they failed to meet industry standards or ignored known safety issues. To show that a retailer or other seller was negligent, the test is whether the seller exercised reasonable care, and if it did not, whether its failure to do so contributed to the injury.

An injured party may also have a “breach of warranty” claim. For instance, if a manufacture or seller expressly or impliedly communicates that a product is safe for a particular purpose, but the product is not actually safe for that purpose, an injured party may have a breach of warranty claim.

Statute of Limitations

North Carolina law sets specific deadlines for filing product liability claims:

General Statute of Limitations: You typically have three years from the date of injury to file a claim. This applies to both personal injury and property damage claims resulting from a defective product. The “discovery” rule may apply to a products liability claim, meaning that the statute of limitations does not begin to accrue until the injured party discovers the harm or reasonably ought to have discovered the harm.
Statute of Repose: North Carolina also has a “statute of repose.” The statute of repose limits the time to file a claim to 10 years from the last negligent act of the defendant causing the harm, which is typically the date the product was initially purchased by the injured party. If you do not discover the defect until after this statute of repose period, you may be barred from filing a claim.

Possible Defendants in a Product Liability Case

In a product liability case, you may be able to hold multiple parties responsible, including:

Manufacturers: The company that produced the defective product is often the primary defendant. This includes manufacturers of both the component parts of a product and the final product as a whole.
Designers: If the defect stems from the product’s design, the company or individuals responsible for the design may be held accountable.
Distributors and Retailers: Distributors and retailers who distributed or sold the product may also be liable if they failed to ensure the product’s safety or continued to sell it despite knowing about the defect.

Compensation for Injuries

If you successfully prove that a defective product caused your injuries, you may be entitled to compensation for:

Medical Expenses: This includes costs for treatment, rehabilitation, and ongoing care related to your injuries.
Lost Wages: If your injuries prevent you from working, you can seek compensation for past, present, and future lost income.
Pain and Suffering: Compensation may also cover the physical pain and emotional suffering caused by your injury.
Scarring and Disfigurement: If your injury results in scarring or disfigurement to your body, you may be compensated for that change to your appearance.
Permanency: You may also recover damages for any permanent damage to your mind or body that an injury causes.
Punitive Damages: These damages are rarely awarded. However, in cases where the at-fault party’s conduct is particularly egregious, the court may award punitive damages to punish the wrongdoer and deter future misconduct.

Conclusion

If you’ve been injured by a dangerous or defective product, understanding your legal options is crucial. At Ward and Smith, we are committed to helping you navigate the complexities of product liability law and ensuring you receive the compensation you deserve. Contact us today and let us assist you in holding those responsible accountable and securing justice for your injuries.