Where Can I Find Help for My Product Liability Cases in Charlotte, NC?

The laws surrounding product liability cases are determined at the state level. Different states across the country have varying statutes regarding this type of civil claim. 

Many states apply a legal standard known as “strict liability” to this type of tort case. Under a strict liability standard, manufacturers are automatically responsible for any product-related injuries or damages.  

However, North Carolina state law does not rely on a strict liability approach. Instead, plaintiffs in product liability cases must provide evidence that the responsible party acted negligently. 

The requirements for proving manufacturer negligence are detailed in the North Carolina General Statutes, Chapter 99B. Typically, claimants in product liability cases must prove the following to show that the opposing party was negligent:

Duty of Care

First, the plaintiff must provide evidence that the defendant owed them a duty of care. A “duty of care” is a legal obligation that applies in certain relationships. 

For instance, product manufacturers and sellers are obligated to ensure that their products are reasonably safe when used appropriately.

Breach of Duty

Claimants in these cases must prove that the opposing party failed to fulfill their legal duty of care. When a company makes a product that is unreasonably safe, it has breached its duty of care. 

Speak with a knowledgeable tort attorney to determine whether the manufacturer breached its duty of care in your situation.

Causation

Plaintiffs in product liability cases must offer evidence that the defect or flaw in the consumer good was the reason for their injury. If the damage or injury is not related to the product defect, the product liability case will be unsuccessful. 

In many instances, it can be difficult to prove that an injury was the direct or proximate result of a product defect. A knowledgeable product liability attorney will review the specifics of your situation to help prove causation in your case.

Actual Damages

Lastly, plaintiffs must prove that the defective product caused them actual harm. 

Many products and consumer goods are potentially dangerous. But if the product in question did not cause the plaintiff any harm, they will not be entitled to compensation. The harm caused by defective products may be monetary, physical, or emotional. 

No matter what type of negative consequences you have experienced from using a faulty product, you may be owed compensation.

You may wonder, “Where can I find help for my product liability cases in Charlotte, NC?” When you need legal help, Morgan and Morgan is here for you.

There are many different types of product flaws and defects that may result in injuries. The legal strategy that will help you recover financial compensation will depend, in part, on the type of defect that caused the damage. 

Most product liability claims revolve around one of three types of product defects. The three main categories of defects are manufacturing, design, and label defects.

Manufacturing Defects

This type of flaw occurs in the production phase. Sometimes, errors in the manufacturing process can make a product dangerous — even when the product is normally safe.

Manufacturing defects typically affect only a small number of items in a product line. This is because the flaw is not inherent to the product type but is the result of a mistake during the fabrication or assembly of the specific item.  

It may sound simple to file a lawsuit against the manufacturer of a particular product. However, this type of defect claim can become complex when products are fabricated using many different components. 

If only one component of a product caused the defect, who can be held accountable for the damage? The complexity of these claims requires the skills and expertise of a seasoned legal professional. When a product’s manufacturing defect has caused you to sustain an injury, contact the firm of Morgan and Morgan.

Design Defects

Some flaws in consumer products are the result of faulty design. This type of defect usually affects every item in the product line. 

This is because the defect is inherent to the structure of the product. Even when a product is manufactured according to plan, design defects can result in severe injuries and costly accidents for consumers. 

Any product that is manufactured based on a defective design will contain a defect. These defective products may cause injuries even when used as intended.

Labeling Defects

Cases based on a labeling defect are also called “failure to warn” or “marketing defect” claims. This type of defect happens when a product manufacturer fails to provide proper instructions or warning labels. 

Some products, even if they are designed and manufactured appropriately, are potentially dangerous. When products lack adequate safety warnings, labels, or instructions for use, they can be classified as defective. 

A “failure to warn” claim is also applicable in cases where pharmaceutical manufacturers have failed to inform consumers about their products’ potential side effects. If you believe that your injury, illness, or accident was the result of a defective product, speak with the lawyers at Morgan & Morgan. 

The types of financial recovery that you can secure following an injury or accident will depend on the circumstances of your case. Most injury victims can pursue two main types of compensatory payments from the at-fault party. These two types are called “economic” and “non-economic” damages.

Economic Damages

Economic damages are also known as “special” damages. These financial payments are designed to return victims to the financial status they enjoyed before their accident or injury. 

Most people underestimate the direct monetary losses that result from product-related injuries. Some of the most common economic damages in North Carolina product liability cases are: 

• Current and past medical bills
• Loss of earning capacity long-term
• Lost income and wages from missing work
• Expected future medical expenses
• Costs of in-home care
• Medical travel — including ambulance rides
• Associated property damage — such as vehicular or residential repair 

Our accomplished personal injury attorneys will review the invoices, receipts, and bills associated with your case to determine the economic damages you are owed. Do not allow the opposing party to settle for less than the total value of your product liability claim.

Non-Economic Damages

Some of the worst outcomes caused by product-related injuries are not monetary in nature. Personal, emotional, physical, and psychological harm can all result from the use of defective products. 

Fortunately, victims can pursue compensatory payments for these losses in the form of “non-economic” damages. Some of the typical kinds of non-economic damages in product liability cases in North Carolina include: 

• Physical pain and suffering
• Emotional trauma and anguish
• Loss of quality of life
• Post-traumatic stress disorder (PTSD)
• Inability to engage in recreational activities
• Disability, scarring, and disfigurement 

Most victims are uncertain about how to accurately determine the non-economic damages that they should seek. The knowledgeable product liability attorneys at the firm of Morgan & Morgan will fight hard to recover maximum non-economic damages in your case. 

Do not allow a greedy manufacturer, wholesaler, or retailer to deny you the monetary compensation you need to move forward. Let our team of trained professionals accurately determine the value of your Charlotte, NC, product liability case.

There is no single answer to this question. Attorneys’ fees in a product liability case may vary. However, victims should never hire a lawyer or firm that requires payment before concluding the case. 

Reputable firms like Morgan & Morgan operate on a contingency basis. With this approach, clients do not pay a single dime in upfront legal fees.  

When you hire our firm, the payment of your attorneys’ fees is contingent on our lawyers winning or successfully settling your case. Once we recover money for you, a percentage of the winnings covers the costs of legal services. In other words, the fee is free unless we win for you.

A “statute of limitations” is a legal timeline by which victims of torts must file a related lawsuit. This time limit is specified by state law. 

The state of North Carolina has set a three-year statute of limitations on product liability cases. Therefore, you must file suit within three years of the date of your injury. 

Do not hesitate. When you have been hurt because of a faulty or dangerous product, reach out to the accomplished professionals at Morgan and Morgan to pursue the compensation you are owed. 

Victims in these cases must also file within 12 years of the initial purchase of the hazardous product. The team at Morgan & Morgan will work to ensure that all the important legal deadlines in your case are met.

When you wonder, “Where can I find help for my product liability cases in Charlotte, NC?” contact the experts at Morgan & Morgan. Do not allow negligent manufacturers to be unaccountable for the harm they cause.

To schedule a free consultation with our accomplished legal team, complete the contact form on our firm’s website. We will happily assess your claim and help you seek the financial compensation you need to get your life back on track.