Defective and Dangerous Products
Personal Injury Attorney Serving Raleigh Residents
In the case of someone who is injured due to using a product that was manufactured or marketed in a defective or dangerous manner, the injured party may be able to recover damages due to their injuries, resulting in a product liability lawsuit. A defective or dangerous product claim is based on the manufacturer's responsibility for the products they are rendering. Accordingly, the manufacturer or provider of the product will be mandated to cover any or all injuries caused by a dangerous or defective product.
If you or someone in your family has been seriously injured or even killed because of a dangerous product, you may be able to work with a Raleigh personal injury attorney to file a lawsuit. Not every person injured while using or operating a product has a claim for damages, but when a dangerous or defective product causes catastrophic injury or wrongful death, the manufacturer or distributor of that product should be held fully accountable for all resulting medical bills, pain and suffering, lost wages, and other expenses resulting from the accident. Dangerous products include everything from lawn mowers to defective medical devices. Lately, many cases have involved dangerous drugs, such as Celebrex, Vioxx, Bextra, Celebrex and Ephedra.
When the Victim is Responsible
A personal injury plaintiff still has to face a lot of challenges when it comes to filing a product liability case. Even though the regulating laws for these cases have evolved over the years, product liability cases can still be a major burden. Before, manufacturers avidly used the phrase "buyers beware." In present day, product liability disputes the term, and strict liability is enforced in some instances. Under this standard, the manufacturer of a defective or dangerous product is responsible for damages even if their negligence did not cause the ailment or injury. With a defective product case, the plaintiff must prove that there was a defect of the product that caused their injury. Or if the manufacturer did not properly warn about the dangers of the product, this too could be grounds for a case. The plaintiff must establish through relevant sources and evidence that the product is what caused their imposed injuries. It has to be declared that misuse was not the culprit for any injuries rendered.
In most defective and dangerous product cases in North Carolina, manufacturing defects are relatively easier to prove than design defects. For example, if a fireplace erupts after being lit by a consumer, then obviously this was caused by a manufacturer defect. A design defect would arise if the fireplaces that were manufactured posed a threat of explosion for the consumer. Design defect cases normally require professional testimonials. With a defective design case, the product may have been made in the way that it was supposed to be made, but somehow the design was not planned out as carefully as if should have been, thus causing a hazard to consumers.
Proving that the reason for injuries incurred was product-based can be difficult. The plaintiff must be able to prove that the product was defective when it left the hands of the person that sold the product to them; they also need to be able to prove beyond a reasonable doubt that the product is what caused their injuries to be rendered. If injuries arise from a variety of different causes, the plaintiff will be responsible to establish that the main culprit for their injuries was the product in question.
There are some legal theories that can be argued in a dangerous or defective product claim in Raleigh:
Fault or Negligence- Negligence is considered a lack of reasonable care for the manufacturing or sale of a product without placing a warning concerning the dangers of the product.
Breach in the warranty agreement- a breach of warranty is an inability to fulfill all of the terms and conditions that were filed concerning the products performance.
Misrepresentation- Giving consumers false information concerning the security of a product as well as its safety protocols.
There is no limit to the products that can be used in a products liability case. However, some of the most common product categories for these suits are asbestos, clothing, cosmetics, food, firearms, chemical, medical products, machinery and hand tools, automobiles, recreational products and pharmaceutical products.
At The Whitley Law Firm, we have offices located in Kinston, Charlotte, Raleigh, New Bern, Jacksonville, Greenville, and Winston-Salem. If you were harmed by a dangerous and defective product, we urge you to contact us at one of our offices today.