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When a product manufacturer or seller permits a defective product to reach consumers either intentionally or unintentionally, it may be grounds for a products liability case. Products that reach store shelves and the retail market with defects are not only dangerous for the individual that makes the purchase but can also be dangerous to their family and sometimes the general public.

If a defective product caused injury to you or a loved one, a skilled New Bern product liability lawyer could help you fight for the compensation necessary to your recovery. Retain the services of a capable personal injury lawyer that could help you recover the damages that you deserve.

What Constitutes a Product Defect?

When a dangerous product causes physical harm to a consumer, they can hold the manufacturer and/or seller responsible for any injuries incurred. The dangerous condition may be caused by a design defect, a manufacturing defect, or a failure to warn the user of the dangers of product use.

Design Defects

Design defects begin at the conception of the product, which means that the basis of the defect is in the product’s base design. It also means that if the defect was discovered during the design phase, making changes to the design could have reduced the foreseeable risk of harm to the consumer. While the law does not require product designers to determine every possible method that a product can be misused, it does obligate product designers to consider foreseeable misuse.

Manufacturing Defects

Defects that are not inherent in a product’s design can occur during the manufacturing process. These defects can be the result of pieces not being soldered together as intended, equipment malfunctions, changes to the material used, and a host of other reasons. This is generally the most common place where design defects occur.

Failure to Warn Defects

Sometimes when a product leaves the manufacturing site, the manufacturer is aware of the defect but elects to send the product to market anyway. Consumers have grounds for bringing product liability claims if a manufacturer fails to warn them of product dangers that are known or should have been discovered before the product reached the market. The manufacturer, distributor, or seller of the product may be liable for the injuries sustained joint or separately.

Liability Laws in North Carolina

In New Bern, North Carolina, an injured consumer can recover in product liability cases citing strict liability, negligence, or breach of warranty as the basis for their suit. Under the theory of strict liability, the responsible party is liable to the injured victim(s) because the defective product caused the injury. The consumer does not have to establish that the responsible party or entity was negligent or failed to act reasonably when the responsible party can be held liable under strict liability.

When there are mistakes made in the manufacturing process which resulted in the product being defective, plaintiffs can file claims against the responsible party alleging legally liable negligence. It is irrelevant whether one employee or a single piece of equipment caused the defect, so long as someone within the product’s manufacturing and distribution chain knew of or should reasonably have known of the defect.

Breach of warranty is the final basis under which a product liability claim may be filed. An inherent warranty accompanies all products, affirming that it is safe to use the product as recommended for both intended and reasonably foreseeable purposes. When a product is defective, consumers may be able to recover for injuries sustained due to a breach of this warranty with the help of a New Bern product liability lawyer.

Consulting a New Bern Products Liability Attorney

When you purchase a product, you expect it to work properly. The last thing you expect is for the product to be defective and cause you harm. If you or a loved one suffered injury from any kind of defective product, a New Bern product liability lawyer could examine all of the aspects of your case and advise you of the best legal options going forward. Consult a skilled products attorney and know that you are in capable hands.