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Asheville Office 828-252-2852
Asheville Product Liability Lawyer
Asheville Product Liability Attorneys
It is not unreasonable to expect a certain degree of safety with every product you purchase. You want your products to be tested for any possible danger or potential threat. Unfortunately, this is not always what happens. Sometimes, products make it to the market that are untested and potentially dangerous or possess inherent design flaws that could cause serious injury. If you are injured by a defective product, contact an Asheville product liability lawyer.
At Bridgman Gantt Law Offices, our team has the knowledge and experience you need to fight back against manufacturers and distributors that allow defective products to enter a consumer space. Whether you are injured because of a design flaw, improper training for workplace products, or damage caused in the shipping of a product, our team can help. You shouldn’t have to pay for the negligence of others, and our Asheville workers’ compensation lawyer can fight for compensation on your behalf.
Product Liability
Product liability is the amount of legal responsibility that product distributors and manufacturers have for developing a faulty or dangerous product. North Carolina state law can be surprisingly harsh towards consumer needs when it comes to product liability cases since the state does not require strict liability. If you wish to pursue a product liability case against a product’s manufacturer or distributor, you will need to be able to prove negligence.
This is not such an easy feat, however. You need to be able to prove specific factors have taken place before you and your lawyer can propose a settlement amount. This process starts by first proving that the product you used was either manufactured incorrectly or distributed without proper warning. Any part of the product supply chain could be held responsible for the defect that caused your injuries.
In North Carolina, there is a three-year statute of limitations on product liability claims. Failing to file within that time leaves the responsible party free and clear from paying you damages. If you are injured as a result of defective products in Asheville, North Carolina, speaking with an attorney quickly can help process your claim within the statute of limitations.
Proving Negligence in a Product Liability Claim
Before filing a product liability claim, there are three factors to consider, including a manufacturer defect, a design defect, or a lack of fair warning. The following considerations should be taken:
- Design defect. Designing a product is not easy work. Many different possibilities need to be taken into consideration with a product’s design, and some of them may not be evident until the final product. Some design flaws may not reveal themselves until the product is available for purchase. By then, it may be too late. A defective design can cause irreparable harm to the consumers.
- Manufacturer defect. While a product’s design may appear effective and easy to use when in the early stages, manufacturing flaws could cause damage to the product that causes it to inappropriately function. Unanticipated problems can happen if the product is rushed to meet deadlines or not tested enough. This could result from faulty machinery or even a lack of proper training in assembly.
- Lack of fair warning. When a product is released, product distributors must warn consumers against any possible danger that could be caused by that product if used incorrectly. Failure to warn consumers can lead to product liability claims. When thinking about this, consider warning labels on cleaners or other products, they are mandated because of dangers that could harm consumers.
No matter what the underlying cause of the product defect you experienced is, contact our team to evaluate the circumstances of your case and help you determine what type of claim you should file.
Workers’ Compensation for Product Liability
Some North Carolina workers’ comp claims can arise from faulty equipment that suffered design or manufacturer flaws. In the event of a workplace injury caused by a faulty product used in the completion of that work, an experienced workers’ comp lawyer may be able to help you pursue a claim. This process will begin with approaching your employer and seeking compensation for the injuries. If this is denied, however, you could have the right to file a claim.
FAQs
Q: Does North Carolina Recognize Strict Liability in Product Liability Claims?
A: North Carolina does not recognize strict liability in product liability claims. Strict liability states that a defendant is solely responsible for injuries resulting from their products, regardless of fault. In order to successfully argue a product liability claim, your lawyer will need to prove negligence on behalf of a product’s manufacturer or distributor. North Carolina is one of the few states that does not recognize strict liability.
Q: What Are the Four Doctrines of Product Liability?
A: In a product liability case, the four doctrines are negligence, breach of warranty, strict liability, and misrepresentation. Since North Carolina does not recognize strict liability, the other three doctrines are the only ways for a plaintiff to pursue a product liability case and recoup compensatory damages for an injury. The typical way to pursue such a claim in North Carolina is to pursue a negligence claim.
Q: Is Product Liability the Same as Negligence?
A: Product liability is not the same as negligence. A product manufacturer or distributor can be found guilty of product liability without also being guilty of negligence. Product liability is simply a way for consumers to hold certain product sellers accountable for their mistakes and intentional errors. Negligence is one way to pursue such a claim.
Q: Who Is Liable if You Are Injured by a Faulty Product?
A: A product liability claim is how you try to determine who is at fault for your injury due to a faulty product. Depending on how the product was used or misused, you could be found liable for your own injury, particularly if you used the product in a way that it was not intended to be used. However, if your injury was caused by the product as it was used correctly, the fault could lie with the manufacturer or distributor.
Asheville Product Liability Lawyer
The legal team at Bridgman Gantt Law Offices has the knowledge and experience you need to seek damages for a product liability claim. Our team is prepared to help you develop your claim based on the circumstances of your case. With our help, you can hold those responsible for your injuries accountable. Contact us to schedule a consultation.
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