Wake Forest Defective Products Lawyer
Defective products cause injuries every day in Wake Forest. When these injuries are serious, they could negatively impact the lives of innocent consumers. Fortunately, the laws provide protection for consumers injured by products that are defective or improperly labeled.
If you have been injured by a defective product, you owe it to yourself to talk to a Wake Forest defective products lawyer to learn what options are available to you. A knowledgeable attorney who knows product liability law could determine whether it would be wise to file a lawsuit or pursue other avenues of recovery.
Negligence Standard for Product Liability Law in Wake Forest
The laws holding manufacturers liable for harm caused by defective products vary according to jurisdiction. In this North Carolina, a negligence standard—rather than a strict liability standard—is used to determine liability under North Carolina General Statutes §99B-1.1.
Under the general principles of negligence, an individual or entity may be held liable for harm suffered by another individual when the negligent behavior of the former party is the cause of that harm. In other words, liability applies in situations where, if the individual had behaved responsibly, the harm would not have occurred. An experienced Wake Forest defective products attorney could collect evidence to show that negligence on the part of a product manufacturer directly resulted in an injury.
Different Theories on Product Liability
A manufacturer or seller may be held liable under North Carolina state law based on various theories. If a consumer alters a product or fails to follow instructions and warnings provided, those actions often preclude liability. For help with establishing liability, reach out to a dedicated lawyer.
Breach of Warranty
Virtually all products sold come with either express or implied warranties or both, so in many cases, a manufacturer may be liable for violating the terms of—or breaching—such a warranty. A defective products lawyer in Wake Forest could explain if there was a breach of a warranty in an individual plaintiff’s personal injury case.
Alternatively, a product liability claim may be based on inadequate warning or instruction. To recover compensation on these grounds, an injured consumer would need to show that a manufacturer’s failure to provide proper warning or instructions was unreasonable and that the failure was the proximate cause of the harm they suffered. Also, the consumer must show that the manufacturer knew or should have known that the failure to warn would pose a substantial risk to consumers.
Defective product claims may also be based on the allegation that the manufacturer designed or formulated the product improperly. As with cases based on the theory of inadequate warning, cases based on the theory of improper design or formulation must show that the manufacturer acted unreasonably or negligently.
Furthermore, the injured consumer must demonstrate that the manufacturer failed to adopt a more reasonable design, or that the design or formulation was so unreasonable that no one aware of the facts would use it. Several factors go into a consideration of whether the manufacturer failed in its duty to adopt a safer design.
Contact a Wake Forest Defective Products Attorney Today
When manufacturers release dangerous products, it is only fair to hold them accountable for the harm that results. Injured consumers may be entitled to compensation for pain and suffering, medical expenses, and other consequences.
However, proving liability in a products liability case can be challenging, so it is important to collect and preserve as much evidence as possible. For a free consultation and case evaluation to find out whether you may have a product liability claim, contact a Wake Forest defective products lawyer now.