Charlotte Office 704-815-6055
Asheville Office 828-252-2852
Charlotte Product Liability Lawyer
Charlotte Product Liability Attorneys
When you purchase a product, it is not unreasonable to assume that the product has been carefully tested for any possible dangers. Regrettably, this is not always the case. Some products make it to shelves without being properly tested or with dangerous design flaws that could cause you irreparable harm or even death in certain worst-case scenarios. If you are a victim of a malfunctioning product, you should contact a Charlotte product liability lawyer who can help.
At Bridgman Gantt Law Offices, our team of knowledgeable and experienced attorneys can help you recover damages that you may be entitled to because of injuries suffered from defective products. Whether the product is dangerous or you were never properly trained on how to use the product, you shouldn’t have to pay for injuries suffered because of the negligence of others. Our team can help.
Product Liability
Product liability is the legal liability that product manufacturers and developers have for selling a product. North Carolina state law can be particularly harsh when it comes to faulty or dangerous products while holding manufacturers accountable. In North Carolina, the plaintiff does not have to prove any specific act or breach of duty. The plaintiff must prove either the manufacturer or product seller’s negligent behavior caused the product to be defective to claim compensation.
Proving negligence in a product liability case can be easier said than done. Specific factors have to be taken into consideration before a potential settlement amount can be decided on. Experienced product liability lawyers can help you determine if you have a strong enough case and can assist you in gathering the necessary evidence to prove negligence.
You need to be able to prove that the product in question was manufactured incorrectly or released without proper warning. In North Carolina, product liability cases have a statute of limitations of three years. That means you will have three years from the date of your initial injury to file a claim for damages. If you fail to file before the three-year mark, your case could be dismissed.
Proving Negligence in Product Liability
To prove negligence in a product liability case, you need to consider several factors, including:
- What product did you use?
- In what way did you use the said product?
- Did you use the product as advertised, or did you use it for some other use?
- Did the product result in your injury?
The answers to these questions can help determine who may be at fault for the product’s defect and who should be held accountable for injuries you may have suffered. If you are able to prove negligence through the product’s manufacture, design, or distribution, you may have a strong case for product liability damages. These three specific areas of fault include:
- Manufacturing defects. A product’s design may be sound and completely effective. However, certain unanticipated issues may arise when translating that product from design to reality. If the product is rushed to meet arbitrary deadlines, the manufacturers may not have time to adequately test the product. In some cases, the manufacturers may just not put the necessary effort into designing a decent product. Liability could rest with the manufacturer.
- Design defects. It is not an easy task to design a new product that can have an impact on consumers and stockholders alike. Sometimes, certain issues are not taken into consideration until the product is already being manufactured or even sold. At that point, it could be tremendously expensive to go back to the drawing board. A defective design can lead to all sorts of product liability claims and can even cause some products to vanish forever.
- Failure to warn. The product manufacturers have a duty to warn consumers of all possible dangers that their products could cause if used incorrectly. If they fail to do so, liability could lie with the manufacturer or distributor, depending on where the danger lies in the product.
Working with one of our attorneys in Charlotte, North Carolina, will help to determine the perspective from which your claim should be filed. Our team will take into account the unique circumstances of your case and help to build the claim around those circumstances.
FAQs
Q: What Is the Product Liability Law in North Carolina?
A: The product liability law in North Carolina is based almost entirely on proving negligence on behalf of the manufacturer or distributor, as opposed to strict liability. In order to pursue a product liability case in North Carolina, you need to be able to prove that the product in question was designed or distributed negligently. This could be the result of any interaction along the product’s supply chain.
Q: Do I Need a Lawyer for a Product Liability Case?
A: You do not need a personal injury lawyer for a product liability case. However, it is recommended. There is no law that says you must have a lawyer for your case. Consulting with a lawyer any time you are facing a legal issue can help ensure your case stays on track and that you are well-represented throughout the process. Having someone on your side who understands the complexities of the law can help you recover damages you may be entitled to.
Q: What Is a Failure to Warn in Product Liability?
A: Failure to warn is the obligation of a company to effectively warn consumers of dangers that a product may pose. This is particularly true for products that may be prone to causing serious physical injuries or death. If you are using a product that should have a warning but does not, and you are injured, you may be entitled to compensation. An attorney can help make the determination.
Q: What Must a Plaintiff in a Product Liability Case Prove?
A: In a product liability case, the plaintiff must prove negligence on behalf of the manufacturer or distributor. To fully prepare a case for product liability, the plaintiff must prove they were injured by a poorly designed or defective product and that it was that defect that directly caused their injury. A good product liability lawyer can help you build your claim.
Charlotte Product Liability Lawyer
Suffering an injury from a defective product can lead to serious injuries or death. There is a responsibility of the manufacturer to warn consumers of dangerous products in an effort to help protect the public. If you have been injured by a defective product, Bridgman Gantt Law Offices can help. Contact us to schedule a consultation.
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Charlotte, NC 28203
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