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Product liability claims are more common than many people realize, and especially in states that implement pure comparative negligence law in personal injury legal cases. Most states hold manufacturers in strict liability when they put their products on the market for purchase by consumers. This means there is no application of comparative negligence for claimants in those states, or even in states using modified comparative negligence. However, North Carolina is one of the few states that does not recognize strict liability regarding consumer products, and that includes hairdryer manufacturers. Product liability injury claims in North Carolina courts still require a product liability attorney to prove negligence on the part of the manufacturer or the seller of any particular defective product. They are routine personal injury cases, and they are always strongly contested due to contributory negligence. The contributory negligence standard used in North Carolina means that if the injured party uses the product outside of the manufacturer’s directions, they cannot pursue damages in court for the injury. And even when they do follow directions, there could still be problems when the attorney cannot find evidence of negligence.

 

Proving a Product Liability Claim in North Carolina

Product liability claims in North Carolina follow the same requirements of standard personal injury claims. Plaintiff attorneys must prove that an injury occurred to their client and that the manufacturer’s product was responsible for the injury. While this can still be either direct or indirect, the actions of the plaintiff can still be used as a defense by the manufacturer respondent. And in North Carolina, if the claimant is the least bit at fault for causing the injury, then there is no claim availability. And even when there is no personal contribution to causation, the plaintiff legal counsel must prove negligence on the part of the manufacturer or seller being pursued for damages. This can complicate a product liability claim significantly for the injured party, making it vital to have experienced and aggressive defective product lawyers representing the case.

Potential Damages

There is typically very little in the way of “special damage” financial reimbursement with a product liability case unless the product is of high value, such as a vehicle parts manufacturer claim after a car has been purchased. This commonly applies in lemon law cases. Most cases are focused on compensatory damages for medical bills, loss of income when it applies, and general damages regarding ongoing medical issues and mental anguish associated with using the defective product and the injuries incurred. Serious injuries can surely result when a defective product is used or consumed, and general damages for pain and suffering or even punitive damages could be in line under certain circumstances. 

Common Products Which Later Prove Dangerous

defective product injury lawyers for ZantacCommon in the press these days is the issue of pharmaceutical products which cause serious illness in those taking the products in normal use circumstances. Often, these defective products result in the issuance of Class Action Lawsuits, due to the large numbers of people injured. Products like Zantac and Valsartan have been shown to cause serious side-effects in many of their users. Likewise, Roundup, JUUL Vaping products, 3M Combat Earplugs, and many more household name products have been shown to be dangerous to those who use them with frequency.

For more information on Class Action lawsuits, use the links below:

 

Case Negotiations

car accident lawyer to help with small claimsOnce a case is proven in court regarding a connection between the defective product and the claimant’s injury with no overriding contributory negligence determination, the product liability attorney and defective product lawyers can begin negotiating the claim for an equitable settlement amount.

Punitive damages are only awarded by a sympathetic jury following a full trial where gross negligence is ruled. The potential for punitive damages resulting from a trial and the possibility of a major award to the plaintiff can still be used as leverage in keeping the defective product manufacturers honest while obtaining the best settlement possible based on material case facts.

This is where having a professional negotiator like a product liability lawyer representing the case is invaluable, as many product liability cases that go to trial eventually produce extensive damage awards for the victims. The attorney you select for a product liability case indeed matters significantly, and especially in North Carolina.

   How soon after I am injured do I have to file a lawsuit?  

   What if a person dies before bringing a personal injury lawsuit?  

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