Product liability is an area of law that potential claimants often do not understand completely. Many injured customers do understand that they may have a claim when they use a product that does not perform as advertised and contributes directly to causing an injury. However, what victims do not always realize is that cases must still be qualified based on supporting evidence that establishes proof of the injury while tying the product to the injury – indirect contribution may not be sufficient to win a product liability case. Companies often place disclaimers on product packaging or take other marketing steps to assist customers in the use of the product, and these are often called upon as evidence that a product was misused or that the injured person did not strictly adhere to use guidelines.

These cases are not simple, but product liability attorneys do have one specific advantage in that they need not prove negligence against the defendant. “Strict” liability means that any entity manufacturing or even selling the products in some cases has incumbent responsibility for the safe usage of their wares. 

Potential Strict Liability Respondents

Not all business entities in a marketing and supply chain are held liable when a product causes an injury. Some retail outlets or online platforms are often found exempt from responsibility unless they are intricately involved in distributing the product. There must be some evidence of false advertising or similar claims in most situations for vicarious liability to be applied in a strict liability legal sense. However, this can occur, and business entities that can be held to strict liability include: 

  • Product Manufacturers
  • Assembly Operations
  • Component Manufacturers
  • Wholesalers
  • Retail Outlets


Applicable Defects

Strict liability applies to these defendants primarily when there is a categorical issue with the product. They are effectively defective product cases in almost Personal injury case compensation lawyerall filings. Improperly using the product can sometimes cause an injury and still be a provable claim, but not often. In particular, strict liability applies to products regarding: 

  • Unsafe Product Design
  • Unsafe Manufacturing 
  • Deceptive Marketing
  • Insufficient Safety Warnings
  • Insufficient Use Instructions


Potential Claim Elements

The standard claim elements of any personal injury case can be claimed in a product liability case, and they can be enhanced in serious injury cases. The details of how the injury occurred and the severity of the injury are central to what can be claimed as well as how much financial compensation should be awarded. Many product liability cases will be settled in court when the defendant thinks they have a chance at a case dismissal. The typical defense in a product liability case is actually comparative negligence, which can result in a case dismissal in states like North Carolina that utilize the pure contributory negligence law. For product liability claims that are won, plaintiffs can expect potential compensation for standard elements such as medical bills and lost wages when the victim cannot work along with potential punitive damages in serious injury or fatality cases. 

Retaining An Experienced Product Liability Attorney is Important

Defective product cases always present challenges that require representation by experienced product liability attorneys with specific knowledge of how to craft a successful case for jury presentation. Claims that include punitive damage demands must be heard before a jury who can issue a whole compensation award along with additional compensation designed to both make the victim financially whole after the fact, along with punishing the defendant for marketing a clearly defective product.

Our product liability attorneys understand these challenges, and they can conduct a full investigation into the potential value of any valid defective product injury claims. The attorney you choose can be the difference between full compensation and no compensation at all when the case is not presented effectively. If you have been injured by a defective product, call our office today and let us evaluate your potential product liability issue.

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