Product liability occurs when how a product is produced creates a hazard that causes injury to a consumer. Product liability law holds the manufacturers, distributors, and sellers responsible for selling a product that creates the harm. Product Liability law is generally divided into two theories of liability: negligence and breach of warranty. Each theory of liability holds sellers of a product responsible for the harm they cause, but each is a complex field that requires particularized care to navigate.
Generally, products liability claims sounding in negligence proceed on one of three theories of liability:
- Design Defects – A design defect occurs when the product is hazardous in design, before the product is manufactured. The product itself, from its creation, is hazardous to consumers.
- Manufacturing Defects – A defect in manufacturing occurs when a mistake happens during the manufacturing process. For example, a part is missing or broken, the packaging is faulty, or the assembly of the product is incorrect.
- Warning Defects – Warning defects occur when insufficient instructions or improper labeling result in improper use of the product by the consumer.
Products liability claims may also be based on the theory of a breach of warranty. Breach of warranty claims are divided into two general avenues as well. An Express Warranty claim is a written representation made by the seller of a product that the product is guaranteed to work or perform in a given manner. An Implied Warranty is not written, but is an assumed understanding that a product will work or perform for its intended purpose.
Whether the product liability claim was caused by negligence or by a breach of warranty, or a combination of both, product defects create a significant hazard for consumers. In some cases, each of the links in the chain of production may be responsible for the defective product, including the product designer, component designer, product manufacturer, component manufacturer, product distributor and product seller. Investigating each of these responsible parties can be an exhaustive, costly process that requires significant legal expertise.
Who Can Be Held Liable in Product Liability Cases?
Various parties in the chain of commerce who bring a defective product to market may bear liability when that product injures a consumer or user. Examples of parties who injured consumers might sue in a product liability claim include:
- Part/component manufacturers/suppliers
- Final manufacturers
- Wholesalers
- Retailers
In most product liability claims, injured consumers will file lawsuits against manufacturers. However, in some cases, retailers may also be responsible for defective products, especially if they fail to instruct the purchaser on the safe use of the product or warn the purchaser of its inherent risks.
Common Examples of Product Liability Cases in North Carolina
Examples of products that can suffer defects causing user injuries include:
- Automobiles and auto parts
- Children’s toys
- Infant strollers, rockers, and cribs
- Haircare products
- Beauty and personal products
- Household appliances
- Lawncare equipment
- Weedkillers
What To Do if Injured By a Defective Product
After a defective product injures you, taking prompt action can help you seek financial recovery in a product liability claim. Steps to take after an accident with a defective product include:
- Keep the defective product if safe to do so, or take photos of the product in its defective condition.
- Seek prompt medical attention to document your injuries.
- Follow your doctor’s treatment recommendations.
- Obtain copies of your medical records of your treatment and rehabilitation.
- Keep all bills, invoices, and receipts for medical treatment or property repair/replacement.
- Contact a product liability attorney as soon as possible to discuss your legal options for seeking financial recovery from the product’s manufacturer or other parties.
Product Liability Attorney in North Carolina
Our primary goal at Schwaba Law Firm is to protect your rights as a consumer and help you recover if a hazardous product causes harm. An injury award may include any costs incurred as a result of a product’s hazardous condition, including medical bills, wage loss and any pain and suffering caused by the defective product. Each product liability case is unique to each product and each individual, tailored to get fair compensation for the loss.
Need Help With a Product Liability Claim? Call Us.
Understanding product liability is a complex and serious matter that should be handled by experienced product liability attorneys. At Schwaba Law Firm, we have lawyers who are more than qualified to take your case. If you or a loved one need help with a product liability claim, call us. We are here to assist you
