What You Need to Know About Product Liability Claims in North Carolina
When a defective product causes injury, the legal process of holding the manufacturer or seller accountable is known as a product liability claim. In North Carolina, understanding your rights and the steps involved in pursuing a product liability case is critical if you’ve been harmed by a dangerous or defective product. Here’s what you need to know about product liability claims.
Types of Product Liability Claims
Product liability claims in North Carolina typically fall into one of three categories:
- Design Defects: These cases involve products that are inherently dangerous due to a flaw in their design. Even if the product was manufactured correctly, its design makes it unsafe for consumers.
- Manufacturing Defects: A manufacturing defect occurs when a product is improperly made, leading to its unsafe condition. This could be due to errors during the production process, such as using the wrong materials or failing to meet safety standards.
- Failure to Warn (Marketing Defects): If a product lacks adequate warnings or instructions about its potential risks, it can lead to injury. These cases focus on the manufacturer’s or seller’s failures to adequately warn consumers of any dangers associated with using the product.
Who Can Be Held Liable?
In a product liability case, several parties may be held liable, including:
- Manufacturers: The company that designed or produced the defective product can be held responsible for any resulting injuries.
- Distributors: The businesses that distributed the product may also be liable, especially if they were aware of the defect.
- Retailers: The store where you purchased the product could be held accountable if they sold you a defective item, even if they were unaware of the defect.
Key Considerations in a Product Liability Claim
- Proving the Defect: To succeed in a product liability claim, you must demonstrate that the product was defective and that the defect directly caused your injury. This often requires expert testimony and evidence, such as the damaged product itself.
- Strict Liability: Some states follow the principle of “strict liability,” meaning that you don’t have to prove the manufacturer was negligent and only need to show that the product was defective and caused your injury. However, North Carolina does not follow the principle of strict liability in product defect cases. Instead, North Carolina applies a negligence standard to product liability cases.
- Statute of Limitations: In North Carolina, you have a limited time to file a product liability claim. The statute of limitations for personal injury cases, including product liability, is generally three years from the date of injury. It’s important to act promptly to preserve your right to compensation.
Steps to Take After a Product-Related Injury
If you’ve been injured by a defective product, here are some steps to take:
- Seek Medical Attention: Your health and safety are the top priority. Get medical help immediately and keep records of your injuries and treatments.
- Preserve Evidence: Keep the defective product, its packaging, and any related documents such as receipts or manuals. This evidence will be crucial in building your case.
- Consult an Attorney: Product liability cases can be complex, involving multiple parties and technical details. An experienced attorney can help you navigate the legal process and ensure that your rights are protected.
Conclusion
If you’ve been injured by a defective product in North Carolina, it’s essential to understand your legal options. At Ward and Smith, our skilled personal injury attorneys are committed to helping you pursue the compensation you deserve. Contact us today and let us guide you through the process of holding the responsible parties accountable.
Featured News
View All
