Fayetteville Defective Products Lawyer
Defective products are a leading cause of injuries in Fayetteville and throughout North Carolina. Something as simple as a product that leaves the factory with an unsafe design could cause a catastrophic failure that seriously injures a user.
Unfortunately, North Carolina’s laws concerning defective products make pursuing a successful claim very difficult. Plaintiffs must prove that either an improper design or that a lack of proper warning as to the risks involves contributed to the injury.
A Fayetteville defective products lawyer could help pursue these cases. By working to gather vital evidence of manufacturer liability and working with experts who may be able to testify as to how better business practices may have prevented an injury, a passionate injury lawyer can help give you the greatest chance of success.
Common Examples of Defective Products Injuries
Every maker of products who sell their items in Fayetteville have a duty to produce an item that is reasonably safe if used as intended. When manufacturers fail in this duty, serious injuries may result. Even a toaster or a computer may cause serious injuries if a user is electrocuted or burned by a sudden power surge.
Other examples of defective product injuries may include:
- Failing car parts such as brakes, gear shifts, or airbags
- Poorly designed machinery in washing machines, lawnmowers, or other appliances
- Improperly tested medications
These failures can result in a variety of injuries. No matter how severe the injuries, the maker is responsible to compensate their victims for their losses. This includes the payment of medical bills, lost earnings, and even mental anguish. A Fayetteville defective products lawyer could help injured individuals understand how a defective product caused their injury and demand appropriate compensation from at-fault manufacturers.
However, this must be accomplished in a short period of time. North Carolina Statute §1-52 states that plaintiffs in defective products cases have three years from the date of injury to file a case in court. If this time limit passes, and a case is not yet in court, the plaintiff will be unable to recover any payments.
Proving the Case in Court
North Carolina’s laws concerning defective products are very complex. The burden is on an injured plaintiff to connect their injuries to a failure on the part of the manufacturer.
Plaintiffs may choose one of two ways to accomplish this. The first is outlined in North Carolina Statute §99B-5. This law says that a plaintiff may hold a maker responsible if they can prove that the maker did not provide adequate instruction for safe use or a warning as to the potential dangers posed by their product. Whether a warning was adequate is a matter for a jury to decide.
The second method involves proving that a defective design caused their injuries. According to North Carolina Statute §99B-6, a plaintiff must not only show that the product was defective, but also that there was an alternative design that could have limited the risk or that the product was so unreasonably designed that an average person would not use the product. This approach can often involve the use of an expert in the relevant field to demonstrate a viable alternative design. A Fayetteville defective products lawyer could help claimants choose the legal path that gives them the best chance of success.
Let a Fayetteville Defective Products Lawyer Fight for You
Suffering an injury following the use of a product can place a person in a difficult position. Unlike injuries suffered while driving or as a pedestrian, it can be a complicated matter to demonstrate that the maker of a product was negligent. This can often involve the aide of an expert witness to prove a case. As a result, many injured individuals feel intimidated against filing a claim for their often substantial damages.
A Fayetteville defective products lawyer could take the lead to hold negligent manufacturers responsible for their actions. By proving that a product was either designed with a flaw or lacked proper warnings for correct use, an attorney could help you to collect the compensation needed to set things right. Contact a lawyer today to discuss your case.