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When you purchase a consumer product or use one during the course of your daily life at work, in a public place or private establishment, you reasonably expect that the product is safe for its intended use. Unfortunately, people are hurt by dangerous and defective products every day – from large, malfunctioning machinery to unsafe drugs in the consumer marketplace.

If you or a loved one have been injured by an item you purchased or encountered, your Raleigh dangerous and defective products lawyer can analyze the circumstances of your case and determine which party bears responsibility for causing your injuries.

Common Types of Product Liability

Product liability can take many forms, but typically falls into one of three categories – manufacturing defects, design defects, or inadequate product warnings or directions.

Manufacturing Defects

Manufacturing defects occur when the product is made. In these types of cases, a product is theoretically safe, but then something goes wrong and an error occurs during the production process. This is the most common type of product liability case.

Missing or broken pieces and malfunctioning parts are common manufacturing defects. Canned food that may contain pieces of metal from a broken production machine would be considered a manufacturing defect.

Design Defects

Design defects occur when there is something inherently wrong with the product’s very conception. In these cases, the entire product line is typically dangerous or defective in the same manner. Nothing went wrong during the production process, rather the manufacturing went according to specification, but the design itself was flawed.

Vehicle airbags requiring too much force to deploy or an infant product that comes apart and poses a choking hazard would both be examples of design defects.

Failure to Warn Defects

So-called failure to warn defects happen when the product instructions and warnings are lacking in some way. Typically, courts will consider whether the product maker should have warned consumers about a hidden danger that would not be obvious to the consumer, or whether the consumer needed instructions or a warning to know that extra precautions must be taken.

Undisclosed drug interactions or side effects are a common example of a failure to warn defect. Sometimes, these defects are referred to as marketing defects – meaning that the marketing and advertisements failed to mention the necessary information.

Common Product Liability Cases

The types of product liability cases are as numerous as the number of products available. Some of the most common kinds of cases our firm’s Raleigh dangerous and defective products lawyers handle include but are not limited to:

  • Dangerous drugs and medical devices
  • Unsafe toys
  • Infant equipment and car seats
  • Recalled products
  • Contaminated food
  • Machinery and tools
  • Electronic equipment
  • Vehicles and airbags
  • Explosions
  • Chemical burns
  • Unsafe appliances

Strict Liability

Most states operate under the doctrine of strict liability for defective products, meaning that manufacturers and designers are more easily held responsible when a consumer is injured by a product. North Carolina, however, is not a strict liability state.

Proving a products liability claim in North Carolina is more difficult and requires a dangerous and defective products attorney in Raleigh who has experience investigating all facets of a case in order to establish that a product manufacturer or designer is responsible for a victim’s injuries and other damages.