Product Liability Attorney in Shelby, North Carolina

In order to bring a defective product claim, you need to be able to prove that a product that caused an injury was defective, making the product unreasonably dangerous.

There are three general kinds of product defects:

Design defects

The defect was in the original design of the product before it was even produced.

Manufacturing defects

A product was made unsafe because of a defect of manufacturing or assembly.

Marketing defects

Insufficient warning or instructions given on a product.

In many other states, manufacturers are held to strict liability for unsafe products. That means there is no need to prove fault or lack of reasonable care in designing, producing, or distributing a product. All you have to prove is that the product caused someone’s injuries.

In North Carolina, however, a negligence standard is used in defective product cases. Manufacturers may also be able to assert some defenses to the negligence claims, such as contributory negligence or running the statute of limitations. This makes it critical to work with an experienced North Carolina product liability attorney right from the start.

Common Issues With Defective Products

The product may have a defective design, be improperly manufactured, or lack adequate safety warnings, making it unreasonably dangerous.

Examples of products frequently cited in product liability lawsuits include:

• Automotive products such as tires and airbags
• Medical devices such as hip implants
• Appliances with defective wiring
• Unsafe power tools and machinery
• Dangerous children’s toys

If a worker is injured on the job by a piece of unsafe industrial machinery, workers’ compensation may pay for the worker’s medical expenses and a portion of lost wages, but the worker also may have legal rights to file a third-party lawsuit against the manufacturer of the unsafe machinery. Product liability claims often involve legal issues such as the lack of a safety warning or inadequate safety warnings.

Types of Injuries Common With Defective Products or Drugs

Injuries from defective products or drugs will differ widely depending on what caused the injury. Some common injuries include:

• Choking and burn injuries from defective products. These most commonly affect children, who like to put things in their mouths and who often do not realize when something is hot.
• Organ failure and fractures. This is most common with defective drugs, especially long-term use of defective drugs.
• Head injuries. These are common when using defective helmets or other protective gear.
• Death. Fatal injuries are common in defective vehicles.

What Damages Could Be Recovered in a Product Liability Claim?

If you have been injured because of a faulty product, you may be entitled to economic, non-economic, and perhaps punitive damages.

Economic damages include things like:

• Medical expense
• Lost wages
• Reduced of eliminated earning capacity
• Occupational retraining
• Short-term or long-term disability
• Other measurable damages

Non-economic damages may include:

• Pain and suffering
• Mental anguish

Punitive damages are intended to punish rather than compensate you for some loss and are sometimes awarded when the defendant’s actions were especially egregious or reckless.