Filing a Product Liability Lawsuit

If you or a loved one has been injured by a defective product, you may be wondering if you have a case for product liability. In North Carolina, there are three main types of product liability claims: manufacturing defects, design defects, and failure to warn.

A manufacturing defect occurs when the product is not manufactured according to the proper plans and specifications. A design defect occurs when the product is not safe for its intended use. A failure to warn occurs when the manufacturer does not provide adequate warnings about potential risks associated with the product. These defects can occur during any stage of production, from raw materials to final assembly.

If you have been injured by a defective product, you may be able to file a product liability lawsuit. Product liability lawsuits can be complex, so it is important to consult with an experienced injury attorney who can help you navigate the legal process. 

If you are considering filing a product liability lawsuit in North Carolina, here are some things you should know.

Who Can File a Product Liability Lawsuit in North Carolina?

In North Carolina, product liability law allows anyone who has been injured by a defective product to file a lawsuit against the manufacturer of that product. This includes individuals who have been injured by using the product as well as those who have been injured while repairing or cleaning the product. Additionally, family members of those who have died from a defective product as a result of their injuries may also file suit.

Who Can Be Held Liable in a Product Liability Lawsuit in North Carolina?

A product liability lawsuit in North Carolina can be filed against anyone in the chain of commerce who is responsible for the design, manufacture, or sale of a defective product. This includes the manufacturer, the distributor, the retailer, and even the person who installed the product. In some cases, more than one party may be held liable.

Generally, however, the manufacturer of the product is the most likely to be held liable if the product is defective and causes injury to the consumer. However, as we just mentioned, other parties such as the distributor, retailer, or installer of the product may also be held liable if they are found to be negligent in their sale or distribution of the product.

What Are the Elements of a Successful Product Liability Case in North Carolina?

When it comes to product liability, North Carolina is a state with a variety of laws that could come into play. The elements of a successful product liability case will vary depending on the facts of each individual case, but some general principles apply.

To start, it’s important to note that North Carolina is a “contributory negligence” state. This means that if the plaintiff is even partially at fault for the accident, they may be barred from recovery. So, if the plaintiff can’t prove that the defendant was entirely responsible for the accident, their case may not be successful.

Additionally, in order to recover damages in a product liability case, the plaintiff must prove that they were injured as a result of using the defective product. Simply being disappointed with a purchase or suffering emotional damage is not enough – there must be actual injuries involved in personal injury cases.

What Damages Can Be Recovered in a Product Liability Lawsuit in North Carolina?

There are three types of damages that can be recovered in a product liability lawsuit: compensatory damages, punitive damages, and incidental damages. 

Compensatory damages are intended to reimburse the injured person for their losses. This includes medical expenses, lost wages, and pain and suffering. Punitive damages are designed to punish the at-fault party/parties for their negligence and deter them from engaging in similar conduct in the future. Incidental damages are costs associated with bringing the lawsuit, such as court fees and expert witness fees.

The amount of damages that can be recovered depends on the type of injury and the extent of the damages.

When Should You File a Product Liability Lawsuit in North Carolina?

If you have been injured by a defective product, you may be wondering when you should file a product liability lawsuit in North Carolina. The answer to this question depends on several factors, including the severity of your injuries, the type of defect, and the amount of time that has already passed since you were injured.

In general, it is best to consult with an experienced product liability attorney as soon as possible after you are injured. This will allow your attorney to investigate the accident and gather evidence to support your claim.

There are strict deadlines for filing a product liability lawsuit in North Carolina, so it is important to act quickly. If you wait too long to file your lawsuit, you may lose your right to recover damages.

If you have been injured by a defective product, contact an experienced product liability attorney at Flexner Houser Injury Law today to discuss your legal options.

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