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When business entities create, design, and sell products, they must always do so with the consumer’s safety in mind. That may require modifying the design, adjusting the manufacturing process, maintaining extensive quality control checks, and maintaining a willingness to remove the product from store shelves if the product is found to be unsafe.  

Not all entities are as thorough about protecting consumers as they should be, in many cases because they believe the profit margin from skimping on safety may be greater than the potential losses. When a business is not focused on customer safety, the consumer may be at risk for serious injuries and, in extreme defective product cases, death.  

If you were injured by a dangerous or defective product, a Jacksonville products liability lawyer could try to ensure that your right to recover for your injuries is preserved. Contact an experienced personal injury attorney to begin reviewing the facts of your case.

Products Liability

Manufacturers and sellers who allow defective or unforeseen dangerous products to reach the marketplace may face a product liability case if any customer is injured as a result. In Jacksonville, North Carolina, there are three theories under which an injured consumer can recover following an injury caused by a product.  

What is the ‘Instructions for Use’ Requirement?

Businesses are required to provide suitable instructions with products to prevent misuse. The instructions or the product itself should also contain warnings, which detail the dangers associated with use and foreseeable misuse of the product.  

This requirement is the reason products packaged with plastic bags specify that the bag is not a toy and may cause suffocation. It is also the reason why children’s toys specify when they should not be used with adult supervision.  

A Jacksonville products liability lawyer knows that when a business or entity fails to include a warning or only provides insufficient warnings, it may be liable for resulting injuries.  

Defining Breach of Warranty

When products are sold, they have an inherent or express warranty that they are safe to be used as recommended for intended or reasonably foreseeable purposes. When a product is not safe to use for these purposes, it is known as a breach of warranty. Under this theory, consumers may hold the designer, manufacturer, or seller of a product responsible for injuries sustained. It may be critical for someone to seek the advice of a Jacksonville products liability lawyer before proceeding with their case.

What Role Does Negligence Play in Product Injury Claims?

When a consumer’s injury can be traced to defects caused by negligence, it can be the basis of a product liability claim. Injured consumers may file a claim under the theory of negligence when there are errors in the manufacturing process that make a product defective. Those errors could be the result of equipment malfunctions or mistakes on the assembly line, among other reasons.  

Statute of Limitations

Any claim filed in civil court must comply with the regulatory time frames for claim-filing to avoid being barred as untimely. This time frame is referred to as the statute of limitations.  

In product liability cases, an injured consumer has three years from the date of the injury to file a claim. This deadline will not extend under any circumstances, even if the injured victim is unaware of the deadline or their case is very strong.  

If you have been injured by a dangerous or defective product, it may be imperative that you seek legal representation from a Jacksonville products liability lawyer to ensure a timely filing and effective argument for your case.