Anyone who suffers an injury or harm while using a product can seek compensation for the losses resulting from the incident. Individuals like sellers, manufacturers, or others responsible for distributing the product can be held liable. However, one needs an experienced Winston Salem product liability lawyer to help them navigate the legal system.
When consumers purchase products, they have the right to expect that those products are safe for their intended use. However, there are times when defective or dangerous products find their way into the hands of unsuspecting individuals, leading to serious injuries, property damage, and emotional distress.
At McIver Law Firm, we are dedicated to standing up for the rights of consumers who have been harmed by faulty products. Our team of skilled product liability lawyers understands the complexities of product liability law and the challenges that victims of defective products face.
With a steadfast commitment to holding manufacturers, distributors, and retailers accountable for the harm their products cause, we strive to provide unwavering support and expert legal guidance to our clients. Call our trusted personal injury lawyers today to schedule a free case review* by calling 336-727-9886.
What is Product Liability?
Product liability is the legal responsibility suppliers, manufacturers, retailers, distributors, and other parties in the supply chain hold for the products they offer customers.
If products pose risks of harm to consumers or fail to meet their expectations, they can seek compensation by pursuing a product liability claim. Product liability is vital for consumer protection as it lets individuals harmed by dangerous products seek legal intervention.
Product liability claims are based on factors like:
Negligence
Manufacturers and other parties involved must be careful while designing, manufacturing, and distributing their products. If a breach of duty leads to harm, it’s considered negligence, and the victim can sue for the damage.
Breach of Warranty
It occurs when a product doesn’t meet the guarantees made by the seller or manufacturer. If the product causes harm because of failure to meet warranties, the injured individual(s) can seek compensation.
Strict Liability
In this case, victims don’t have to prove fault or negligence on the part of the product designer or manufacturer; instead, they only have to show that the product had a defect causing them injuries.
Product liability ensures that manufacturers follow strict quality control measures, conduct thorough product tests, and provide sufficient documentation for product use. All these products allow for the production of reliable and safe products that benefit businesses and customers.
What Are Some Common Types of Product Liability Claims?
Product liability claims arise from different issues or defects related to a product. Common types of product liability claims include:
Manufacturing Defects
A product’s design can be fine, but errors may occur during manufacturing resulting in manufacturing defects that make the product unsafe for use.
Although these defects only affect a portion of the products produced, they can cause significant harm. An example of such a defect is a car with a faulty brake system because of a manufacturing error.
Defective Design
Design defects occur when a product is flawed due to wrong design. The flaw exists in every product of that design which makes them dangerous for use by consumers.
Inadequate Warnings and Instructions
Manufacturers should provide sufficient warnings about the potential risks of using their products. They must also give instructions on how to use an item correctly. If they don’t provide enough information for the safe use of a product, it can lead to liability claims in case of injuries resulting from these mistakes.
Marketing Misrepresentation
Some manufacturers or retailers provide false information during product advertising and marketing, deceiving consumers of a product’s quality and safety. If a product is marketed inaccurately or through exaggerated claims and causes harm to a user, the victim can pursue a product liability claim.
An example is when an advertisement on a diet supplement claims the product is all natural without side effects, yet the supplement leads to adverse reactions after consumption.
Breach of Implied or Express Warranty
A warranty claim may arise if a product does not meet the guarantees and promises made by the manufacturer or seller. Harm resulting from failure to meet warranties can lead to a product liability claim.
Product liability claims are unique and require proper evaluation of evidence, circumstances involved, and all applicable laws. Consult with our qualified attorneys to help access the claim’s viability.
How Can an Attorney Help Me with a Product Liability Claim?
A product liability attorney can help clients with product liability claims. The following are ways a Winston Salem product liability lawyer can help.
Legal Guidance
Product liability laws can be complicated, and one may need help to understand them. A product liability attorney can help individuals understand their rights and the legal process and guide them in pursuing a claim. They can also assess how strong a case is to determine the best legal approach to take.
Conducting Investigations and Gathering Evidence
Using their skills, attorneys can assist with investigating a product and the circumstances leading to injury. They may help acquire evidence like manufacturing records, product samples, and design specifications. Such evidence is crucial in determining liability and showing the product was defective.
Determining Responsible Parties
Parties like manufacturers, distributors, and retailers can be liable in a product liability case. An attorney can help identify all the responsible parties so they can take responsibility for harm caused by a product.
Building a Case
All cases are different, meaning every case needs a unique approach. An attorney can help develop a suitable strategy by organizing evidence well and presenting the case professionally to demonstrate product defectiveness and the resulting harm.
Negotiations
Product liability cases can be resolved through negotiations. An attorney can skillfully negotiate a case on behalf of the victim to secure the right amount of compensation to cover medical costs, lost wages, and any other damages. The lawyer puts the victim’s needs first and acts in their best interest.
Trial Representation
If negotiations fail to end in a fair settlement, an attorney will take the proper steps and move the case to trial. They will represent the victim in court and present all evidence and case details before a judge. With an experienced attorney, chances of obtaining a favorable verdict are high.
A product liability attorney provides clients with all necessary support during a case. Their goal is to ensure the victim’s rights are protected and they receive fair compensation. An individual can also have peace of mind knowing that there’s someone reliable assisting with the product liability claim.
What Do You Do If a Dangerous or Defective Product Has Hurt You?
The first thing one should do after being hurt by a defective product is to seek medical treatment. The kind of treatment required will depend on the level of injury.
The victim should then begin pursuing compensation for the damage. One should do the following to improve the success of the case:
Retain the Product
It’s essential to keep the product as evidence. Whether it’s a defective car part, toy, or drug, one should keep them as they will be helpful.
Document Everything
One should note down the details about how they acquired the product. Receipts and warranty details should also be attached. The other thing is to speak to an attorney so that they can start working on the case.
Is There a Time Limit For Filing a Product Liability Lawsuit in North Carolina?
Victims should file a product liability lawsuit within 3 years of injury. Individuals will work closely with a qualified Winston Salem product liability lawyer to ensure they stick to the timelines and don’t miss any deadlines.
What Compensation Can an Individual Get After A Defective Product Harms Them?
People harmed by defective products can be compensated for damages like:
- Medical expenses
- Lost wages
- Emotional distress
- Pain and suffering
If the use of a defective product leads to death, surviving family members can pursue a wrongful death claim. It allows the victims to receive compensation for medical bills incurred before death and loss of income the deceased person would provide if they survived.
Parties that Can Be Sued in a Product Liability Case
Anyone working in the chain of distribution and facilities to deliver the product to the consumer could be held liable if it causes harm. It can include:
- The product manufacturer
- Manufacturers of the parts used to make the product
- Individuals who assembled the product.
- Wholesalers
Other parties, like suppliers and distributors, may also have to take responsibility for distributing defective products.
How to Find the Best Winston Salem Product Liability Lawyer
Choosing a product liability lawyer can be difficult, and here are tips to help with the process:
Seek Referrals
Individuals who have worked with lawyers before can seek referrals to some excellent local Winston Salem product liability lawyers. One can also consult family members and friends for the same.
Know the Payment Requirements
Lawyers charge differently depending on the jurisdiction and the complexity of the case. The last thing anyone wants is to overpay for an attorney when dealing with an injury. The best thing to do is to find a lawyer offering a contingent payment structure.
With the contingent method, the attorney received a specific amount of the money recovered. But, an individual may still have to pay for minor costs like travel expenses and court filing fees.
Confirm the Attorney is Qualified
One should confirm that a lawyer has the right expertise before hiring them. The attorney should have handled similar cases in the past. For example, if the incident involves a defective toy, the victim shouldn’t pick a lawyer who has only handled cases dealing with faulty drugs or medical products.
How Can One Win a Product Liability Suit?
One must show that the manufacturer failed to act responsibly, resulting in harm. The victim can make various legal arguments depending on the situation. A good example is that the manufacturer didn’t share information about a defect with the product.
Contact the Trusted Winston Salem Product Liability Lawyer at McIver Law Firm Today
Discover a wealth of information about our legal services, the extensive experience of our attorneys, and the approach we take to help victims secure the compensation they deserve. We believe that those injured by unsafe products deserve justice and fair compensation for their injuries, medical expenses, lost wages, and other damages.
Explore our resources to gain insights into product liability laws, common types of product defects, and the steps you can take to protect your rights after an incident involving a defective product. Our mission is not only to assist you in obtaining the compensation you need for your recovery but also to contribute to the improvement of product safety standards.
At McIver Law Firm, we are dedicated to building strong attorney-client relationships founded on trust, compassion, and legal expertise. We understand the physical, emotional, and financial toll that a defective product can take, and we are here to guide you through the legal process while advocating for your best interests.
Call our experienced Winston Salem product liability lawyer today at 336-727-9886 and schedule a consultation.
