Defective Products & Drugs

As consumers, we rely on the products we purchase to be safe and free from defects. Unfortunately, dangerous and defective products do make their way into the marketplace, putting innocent people at risk of injury or even death. This is where product liability law comes into play.

Product liability refers to a manufacturer's, distributor's, or seller's legal responsibility for any damages or injuries caused by a defective or dangerous product. In the state of North Carolina, product liability law is governed by a complex set of statutes and legal precedents that aim to protect consumers and hold companies accountable for the safety of their products.

What is Product Liability?

At its core, product liability law states that companies have a duty to ensure the safety of the products they design, manufacture, and distribute. If a product is found to be defective and causes harm to a consumer, the company responsible may be held legally liable for the resulting damages.

There are three main categories of product defects that can give rise to a product liability claim:

• Design Defects - These are flaws in the original design of the product that make it inherently unsafe, even if manufactured perfectly. An example would be a children's toy with small parts that pose a choking hazard.
• Manufacturing Defects - These are flaws that occur during the manufacturing process, resulting in a product that deviates from its intended design and becomes dangerous. A classic example is a faulty car brake that fails unexpectedly.
• Failure to Warn - This occurs when a product lacks proper instructions or adequate warnings about known dangers associated with the product's use. For instance, a power tool that does not warn users about the risk of severe lacerations.

Importantly, a product liability claim does not require proof of negligence on the part of the manufacturer or seller. As long as the product is found to be defective and the defect caused the injury, liability can be established.

Types of Product Liability Cases

Product liability claims can arise from a wide variety of consumer products, including:

• Contaminated, mislabeled or recalled food products
• Defective automobiles or automotive components  
• Dangerous or malfunctioning household appliances  
• Defective medical devices or pharmaceutical drugs  
• Unsafe children's toys or other products  
• Industrial equipment or machinery with design flaws  

Regardless of the type of product involved, the core legal principles remain the same - the product must be proven defective, and the defect must be the direct cause of the plaintiff's injuries.

Liability for Dangerous Products in North Carolina

In North Carolina, the law recognizes several parties who can potentially be held liable in a product liability case:

• The manufacturer of the dangerous product  
• Any company involved in the product's distribution chain, such as wholesalers or retailers  
• The designer of the product, if different from the manufacturer

This means that if you are injured by a defective product, you may be able to seek compensation not only from the manufacturer, but also from any other parties that played a role in getting that product into your hands.

It's important to note that retailers in North Carolina may be held liable for product defects, even if they did not manufacture the product themselves. This is known as "strict liability," and it applies when a retailer sells a product in a defective condition that is unreasonably dangerous to the consumer.

Finding the Best Product Liability Lawyer for You

If you or a loved one has been harmed by a dangerous or defective product, it's crucial to seek the guidance of a North Carolina product liability lawyer. A product liability attorney in Raleigh can thoroughly investigate the circumstances of your case, gather crucial evidence, and fight to hold the responsible parties accountable.

Contact us today to schedule a free consultation and learn more about how we can help you navigate the legal system and pursue justice. With our knowledge of North Carolina product liability laws, we are prepared to be your fierce advocate every step of the way.

Reach out online or call  today for your free consultation!