In product liability law, you must prove the item was defective and that you suffered harm when using it according to its instructions. If you use the product in a manner not recommended, it can harm your chances of recovering financial damages.
Any product can be dangerously defective, but the most talked-about product defects involve automobile parts, medications and medical devices. Most people believe that a product liability claim is simple, but that is not always the case.
How did your personal injury occur?
When pursuing a product liability claim in North Carolina, you must first determine why and how the item injured you. Did your injuries arise because of manufacturing, marketing or design defects? These are the three foundations upon which to build your case.
- Design defects: When designers fail to account for safety when designing a product or a component, consumers may suffer injuries. For example, if the design of a bookcase is defective, the furniture may topple over and injure someone.
- Manufacturing defects: These faults occur after the design process and during the construction of a product and may result in significant injuries. For example, say that the machine that attaches a safety guard to a power saw malfunctioned. The guard could fall off during use, harming the victim.
- Marketing defects: When companies market a product, they must avoid misleading or absent information. For example, if the label is misleading or does not contain sufficient instructions, those that use the product could suffer injuries.
If you or a loved one has suffered personal injury from a defective product, learning more about your legal options can help you find a resolution. It is also wise to seek professional guidance for your product liability claim.