If a defective product has injured you, our Cary product liability lawyers can handle your case while you recover. We can handle your entire case, including identifying all liable parties and determining how much they owe you.
Since 1974, Whitley Law Firm has answered the call and helped seriously injured clients throughout North Carolina seek compensation for losses due to another’s negligence. Our Cary personal injury lawyers will protect your rights and interests as we seek justice.
Let us use our 120-plus years of combined experience to benefit you today. Call us for a free consultation.
How Product Liability Laws Protect North Carolina’s Consumers
North Carolina’s product liability laws aim to keep consumers safe. These laws hold manufacturers, distributors, and sellers responsible if their products cause harm due to defects.
Three main types of product defects can lead to a liability claim:
- Design defects happen when the product is unsafe from the start, even if it is made correctly.
- Manufacturing defects occur when something goes wrong during production, making the product dangerous.
- Warning defects involve the failure to provide proper instructions or warnings about potential risks.
During a free consultation, we will talk with you to learn more about your accident and explain whether you can sue for product liability. We also will decide which category applies to your situation and how state laws can affect your case’s outcome.
How Does Strict Liability Factor Into N.C. Product Liability Cases?
In North Carolina, strict liability can play a major role in product-related injury cases. Under strict liability, you are not required to prove the manufacturer or seller’s negligence. Instead, you must only show the product was defective and that its defect injured you.
This means that even if the company took all the proper steps in making or selling the product, it could still be held responsible if the item was unsafe.
Strict liability focuses on the product’s condition rather than the company’s actions. This makes it easier for injured consumers to seek compensation without the need to prove fault. However, you must have strong evidence to prove your case.
Examples of strong evidence in a product liability case are:
- The defective product itself
- Photos or videos of the defect and your injuries
- Medical records detailing your injuries
- Expert testimony about the defect
- Purchase receipts or proof of ownership
For a free legal consultation with a product liability lawyer serving Cary, call (800)785-5000
Who Can You Seek Damages From for a Faulty Product Injury?
If a defective product injures you, several parties may be responsible for your expenses. Knowing who to seek damages from is key to building a strong claim and getting compensation for your injuries.
Our product liability attorneys serving Cary can seek damages from each party if more than one is responsible for your losses. Upon further review, we could find any of the following liable in your accident:
- The manufacturer: If a production issue contributed to a faulty product, the company that made it could be liable. This includes the maker of the entire product and any defective parts.
- The product’s designer: If the item you used was poorly designed or posed risks from the start, the designer could be liable, even if it was made as intended.
- The distributor or wholesaler: If the item was damaged by mishandling during transportation or storage, the companies that distributed it may be responsible for the defect.
- A retailer: Retailers can be liable for selling a defective product, even if they didn’t manufacture it. They are responsible for ensuring the products they sell are safe.
- The parts supplier: If a specific part of the item contained a defect, the supplier of that part may be held accountable.
- The product’s marketer: If warnings, instructions, or safety information was missing, the party responsible for marketing the product can also be liable.
Each of these parties plays a role in bringing the product to consumers. If one or more contributed to the defect that caused your injury, they could be held responsible. Contact us today for a free, no-obligation consultation to discuss your options.
Cary Product Liability Lawyer Near Me (800)785-5000
How Our Cary Product Liability Injury Lawyers Can Help You
When you talk with us about your situation, we will listen to your concerns and determine how we can help you. While you recover, our team will handle all of your case’s tasks. This includes:
- Investigating the faulty or damaged item: We will examine how the defect occurred, whether in the design, manufacturing, or marketing stages.
- Gathering evidence: We will collect evidence, like medical records, product details, and eyewitness testimony, as we build your case to prove the item was unsafe to use.
- Identifying liable parties: We will name who should cover your losses and their percentage of fault in the accident.
- Negotiating with insurance companies: We will talk to the insurers for you and seek the appropriate settlement that meets your needs.
- Seeking your award at trial: If necessary, we can take your case to court and advocate for your financial award there.
We can lead your case at no upfront fee or costs, as our lawyers work on contingency. This means we get paid only if you recover damages. Call us today for a free consultation.
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Recoverable Damages in Defective or Dangerous Product Cases
If a defective product has injured you, you can seek compensation for damages, which may include:
- Medical bills for treating your injury, including emergency and ongoing care.
- Income missed during your time away from work and future lost income if your injuries affect your capacity to work going forward.
- Pain and suffering from your physical and emotional trauma.
Each case is different, so the compensation you can receive will depend on your situation’s circumstances. Several factors can affect the value of your case, including:
- The severity of your injuries: More severe injuries often lead to higher compensation due to higher medical costs and long-term effects. Our Cary catastrophic injury lawyers can assess your extended care needs and seek the proper compensation for them.
- Medical expenses: The total cost of your treatment, including surgeries, medications, and rehabilitation, will affect the amount of compensation.
- The nature of the defect: The type of product defect (manufacturing, design, or failure to warn) can influence the strength of your case and the amount you may recover.
Damages in Cases Involving Fatal Defective or Dangerous Product Injuries
If you have lost a loved one who was injured after using a hazardous product, we extend our sympathies. We understand how devastating this loss is, and our team is here to support you in seeking justice and the compensation your family deserves.
When a defective or dangerous product leads to a fatal injury, the victim’s family may be able to seek monetary compensation for their damages, including the following:
- Final arrangement expenses: We can include the cost of laying your loved one to rest in your compensation, including funeral and burial fees.
- Medical bills: If your loved one received medical treatment before their death, those costs can be recovered.
- Loss of monetary support: Your family can seek compensation for the income your relative would have contributed to the household.
- Loss of consortium or companionship: You could recover damages for the emotional toll of losing a spouse, parent, or other close family member.
- Pain and suffering (physical and mental): In some cases, families may recover damages for the emotional distress caused by the loss of their loved one.
During your free consultation, our Cary wrongful death lawyers can advise you further on whether you can file a lawsuit for damages and how the law governs these actions. We also can explain how state law governs these actions and who in your family is eligible to recover them.
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You Have a Short Time to File a Product Liability Lawsuit in N.C.
If we cannot settle your case, we may need to consider filing a lawsuit. If so, we have only a limited time to file it in civil court, making prompt action even more important.
- For personal injury cases, the deadline is three years from the date of the injury, per G.S § 1-52.
- For wrongful death cases, the deadline to file is two years from the date of the deceased’s death, per G.S. § 1-53.
We urge you to act now to protect your right to seek compensation in civil court. If we hear from you in time, we can start on your case promptly and file it on time.
How to Preserve Your Evidence in an Unsafe Product Injury Case
Preserving evidence plays a key role in building a strong case for why a product is defective. Taking the right steps early can greatly impact your ability to prove that a defective product caused your injury.
Here’s what you need to know about protecting important evidence for your claim.
- Keep the defective product: Store the product in a safe place and avoid using or altering it in any way.
- Take photos and videos: Document the defect, any damage it caused, and your injuries as soon as possible.
- Save receipts and packaging: Hold onto receipts, warranties, product manuals, and any original packaging.
- Seek medical attention: Get medical treatment right away and keep all records of your visits and treatments.
- Avoid repairs or returns: Do not try to fix or return the defective product, as this could destroy important evidence.
- Secure witness information: If anyone witnessed the accident or your injury, get their contact information and a written account.
Our Cary Product Liability Lawyers Are Ready to Help – Call Us
Suffering an injury from a defective product can leave you feeling frustrated and searching for answers. At Whitley Law Firm, we know that legal claims can be challenging to deal with, especially when you’ve been hurt.
Our Cary product liability lawyers will seek justice for you while you focus on feeling better. Contact us for a free consultation to review your options and next steps. Our team will work to return your call in 24 hours.
Call (800)785-5000 or complete a Free Case Evaluation form