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A person that is injured by a product may hold the manufacturer and others in the production and/or marketing chain liable for their injuries when the product is unexpectedly dangerous or defective. The injuries that could result from this type of injury can be serious, including disfigurement and in worst cases, death. There could also be substantial property damage caused by the product.

Therefore, if you or a loved one has been injured by an unexpectedly dangerous or defective product, it is important to contact a skilled Durham product liability lawyer as soon as possible to provide you with the information necessary to avoid your claim being time barred, and to ensure that you get the recovery that you deserve. Call today to discuss your case with an experienced injury attorney in Durham and begin the road to recovery.

Product Liability

When a seller or manufacturer permits a defective product or an unexpectedly dangerous product to reach a consumer, and the consumer suffers an injury as a result, the consumer has the right to hold the responsible party liable for the resulting injuries. When an injury is sustained in this manner, there are deadlines by which a claim has to be filed in court to preserve the rights to that claim. Failing to do so could result in the claim being time barred. An experienced Durham product liability attorney can assist an individual in determining when and how to file a claim.

In North Carolina, there are three theories that permit recovery in product liability cases – breach of warranty, negligence, and strict liability.

  • Breach of warranty refers to the inherent or express warranty that companies provide, which advise consumers that their products are safe to use as recommended for the purposes intended or reasonably foreseeable purposes. When a product is defective or made unexpectedly dangerous, consumers may be able to recover for injuries sustained under the theory of breach of warranty.
  • Negligence refers to errors in the manufacturing process that resulted in a product being defective. It could have been caused by one party, one piece of equipment, or more; however, when a consumer suffers an injury that can be traced back to defects caused by negligence, it can be the basis of a product liability claim.
  • Strict Liability is a theory that holds a manufacturer or entity responsible for defective and/or dangerous products regardless of the efforts made to prevent consumer injury. Under the strict liability theory, the injury occurring is sufficient to give rise to legal action.

Reporting a Defective Product in Durham

When victims are made aware of a defect upon purchase of an item, there are several steps the victim could take to ensure the at-fault party is held accountable for their careless mistake. The first thing they could do is reach out to the Consumer Product Safety Commission whose sole purpose is to protect people from dangerous and defective products. If there are enough reports about a specific defect in a product, they could take legal action against the company. Victims themselves could also let the company know about the defect as well. However, in the event of an injury, it is strongly recommended to get in touch with an attorney who could help with the recovery of damages. If a product caused the consumer harm, an attorney could work with the victim to assess the extent of their injuries and hold the party responsible for compensation for any injuries they sustained.

Benefits of an Attorney

Product liability is a complex and confusing area of law that can be difficult to navigate for even the most experienced of attorneys. Product liability claims are inherently difficult because, post injury, there is a need to establish that the injury was caused by a product that could have been damaged in the same incident that caused the injury.

Accordingly, if you have been injured by a dangerous or defective product in North Carolina, it is important to work with a Durham product liability attorney that is knowledgeable in this practice area, has successfully handled product liability cases in the past, and has experience practicing within the jurisdiction. If you have been injured, do not delay in contacting an attorney. A product liability lawyer in Durham can evaluate your case, and help you to achieve the best possible result.