Product Liability Lawyer in Charlotte

Many states across the country rely on a strict liability standard for product liability claims. This means that manufacturers are automatically considered liable for any damage that results from the normal use of their product. 

A strict liability standard does not require the plaintiff to provide evidence of the manufacturer’s negligence. However, the state of North Carolina does not operate on a strict liability approach. 

In North Carolina, claimants in product liability cases must show that the product-related injury was caused by someone’s negligence. The legal concept of negligence revolves around four distinct elements:

The Duty of Care

In a successful product liability case, the plaintiff will provide evidence that the opposing party owed them a duty of care. For example, product manufacturers are obligated to provide reasonably safe consumer goods for buyers.

Breach of Duty of Care

The plaintiff in these cases must also show that the defendant breached their legal duty of care. For instance, suppose that a manufacturer failed to include warning labels that informed users of the potential dangers of their products. In this case, the failure to provide information may qualify as a breach of duty. Speak with product liability lawyers in Charlotte, NC, to determine whether the manufacturer of the item that caused your injury breached their duty of care.

Cause

It must be shown that the at-fault party’s failure to fulfill a duty of care must be the reason for the plaintiff’s injury. That is, you must prove that if the manufacturer had not behaved negligently, you would not have suffered harm. 

It can sometimes be difficult to provide evidence for a causal connection between the faulty product and the injury. Fortunately, the accomplished legal experts at Morgan and Morgan know how to fight for victims of hazardous products.

Actual Harm

Finally, to be successful, the plaintiff must provide evidence that they sustained actual harm. There are many product flaws that could potentially cause harm. 

But if you were not hurt and did not experience actual losses, you will not be entitled to financial compensation. For help proving negligence in your product liability claim, speak with the friendly staff at Morgan & Morgan, America’s premier tort law firm.  

It is important to hold those responsible for dangerous products accountable. Victims deserve financial compensation for their material and personal losses. When you hire our firm, we will fight tirelessly to recover maximum compensation in your North Carolina product liability claim.

Any person or entity involved in the manufacture, distribution, or sale of a faulty product may be held accountable. Those involved in bringing a product to market are known as the chain of distribution. 

Each consumer item is handled by many different parties before the consumer purchases it. And as it turns out, everyone in the chain of distribution may be held responsible for the damages that result from the use of a faulty or malfunctioning product. 

Some of the most common defendants in Charlotte, NC, product liability claims include:

Product Manufacturers

In many cases, the manufacturing company is the party responsible for the fault in the dangerous product. However, this can become complicated quickly. 

Many of today’s consumer products are assembled with components made by many different suppliers. As such, determining the manufacturer of the specific component that caused the injury can be difficult.  

You may be able to hold the named manufacturing company responsible as well. To explore which manufacturers might be responsible for your accident or injuries, contact Morgan and Morgan.

Product Distributors and Wholesalers

Typically, product manufacturers ship their goods to a distributor or wholesaler to be packaged. Distributors and wholesalers often handle product shipping as well. 

These companies might owe you compensation if the flaw occurred as a result of their handling. A skilled product liability attorney will thoroughly review the facts of your case to help you determine whether a wholesaler or distributor is at fault.

Retailers and Sellers

The store where you bought an unreasonably dangerous item may be accountable for the harm that you sustained. Retailers have a duty to provide consumers with safe products. 

However, the state of North Carolina permits defendants to use an “innocent seller” argument. If the product was in a sealed package and the retailer did not have a chance to inspect it, they may not be accountable. 

But some exceptions still exist. A retailer or seller may hold responsibility if: 

• They damaged the item
• The manufacturer is exempt from lawsuits in North Carolina courts
• The manufacturer is unable to pay damages 

To better understand your legal options following an injury, consult the Morgan & Morgan product liability lawyers in Charlotte, NC. Our team will diligently pursue the money that you need to get your life back on track.

Filing a suit to recover damages for a product-related injury requires proving that the item contained a defect. In the state of North Carolina, there are three common types of defects that may result in product liability claims:

Manufacturing Defects

When consumer products are not constructed properly or are damaged as a result of production, they may contain a manufacturing defect. Any issue that results from a mistake in the fabrication process qualifies as a manufacturing defect. 

In most cases, manufacturing defects only affect a few items in a product line. Most of the products may be safe for use, while a few are unreasonably dangerous.

Design Defects

Other flaws are the result of the inherent design of a product. If a product is manufactured according to specifications and is still dangerous, it may be the result of a design defect. 

Because these hazards are the result of the initial blueprints of an item, they typically affect the entire line of products. The only way to fix these defects is to redesign the product.

Lack of Adequate Warnings or Labels

Even products that are designed and manufactured correctly may be hazardous. When the manufacturer fails to provide adequate warnings or instructions for the product’s use, consumers may become injured.  

In these cases, victims can hold negligent companies financially responsible for the harm that they suffer. To determine the relevant defect category in your product liability claim, make sure to contact accomplished North Carolina tort attorneys.

When you have been injured, it is normal to feel overwhelmed and confused about what steps to take. If you hope to recover compensation for your accident or injuries, make sure to preserve as much evidence as you can. 

Take photos or videos of the faulty project. Make sure to collect photographic evidence of the injury as well. You should also seek medical treatment as soon as possible. This will help prove the seriousness of your injury to the relevant insurance provider. 

After that, schedule a consultation with product liability lawyers in Charlotte, NC. The team at Morgan and Morgan will leverage all the available evidence in your favor.

A statute of limitations is the legal time limit on certain types of claims. This deadline is determined at the state level. 

The statute of limitations on product liability claims in North Carolina is typically three years following the date of the accident or injury. As such, you must file a lawsuit within this time limit in order to secure compensation successfully. 

Also, product liability claims must be filed before the statute of repose expires. This legal timeline is determined by the date of the product’s purchase. In North Carolina, victims must file a product liability claim within 12 years of buying the item.

When you are injured, you will likely experience many types of economic and personal losses. Victims have the right to pursue financial recovery for any of the losses that result from their use of the faulty product.  

Some of the most common types of damages in product liability claims in North Carolina are: 

• Physical pain and suffering
• Medical bills and expenses
• Anticipated future medical care costs
• Mental distress and anguish
• Related property damage costs
• Post-traumatic stress disorder (PTSD)
• Loss of income and wages from missing work
• Long-term decreases in earning capacity
• Decrease in quality of life 

To accurately determine the value of your legal claim, review the facts of your case with product liability lawyers in Charlotte, NC. The professionals at Morgan & Morgan know how to calculate appropriate damages in tort cases. 

Do not let stingy manufacturers, wholesalers, or retailers deny you the money that you deserve. You should not have to pay for the damages that another party’s negligence caused.

If you or someone you love has been injured by a hazardous product in Charlotte, NC, contact Morgan & Morgan. Our team has decades of experience winning this type of claim. 

When you hire our attorneys, you will pay nothing unless we successfully settle or win your product liability case. You can rest assured that your legal claim is in capable hands. Complete the simple online form to arrange a free consultation with one of our lawyers today.