Charlotte Product Liability FAQ: The Answers You Need
Product liability is a section of the law that governs how products are manufactured, marketed, distributed and sold to the public. It handles how injuries caused by defective or malfunctioning products are taken care of when it comes to compensation. Product liability laws hold various companies and entities liable for issues caused by the products they manufacture or sell to the public. The bottom line here is that a person injured by a product’s defective design, manufacturing, or marketing is eligible for compensation for that injury. The laws regarding Charlotte product liability can be difficult to understand, which is why the team at Brown Moore & Associates has put together this product liability FAQ (frequently asked questions) so you have all of the information at your fingertips.
Charlotte Product Liability: What Can I Do If a Product Injured Me?
This is quite possibly one of the most common questions victims of defective products ask their attorney. They want to know what it is they can do or receive if they suffer an injury and rightfully so. No one should have to pay out of their own pocket or use their own insurance to care for an injury that was caused by someone else. If you experienced injury by a defective product you may file a claim for any of the following:
- Strict product liability
- Breach of warranty
Charlotte, NC Product Liability: How Is Strict Liability Defined?
One of the first things that needs discussion is the definition of strict liability. If a plaintiff in such a case wants to file a lawsuit, he or she can do so using strict product liability. This is when the plaintiff can try to recover damages without having to show that the product manufacturer or retailer acted negligently.
Charlotte, North Carolina Product Liability: How Does Breach of Warranty Come Into Play?
Breach of warranty is an important part of any product liability case. There are two types of warranties out there today: those implied and those expressed. An implied warranty is one that covers a product under state law and does not cover any specific product. An expressed warranty is one in which the manufacturer or seller of the product offered to you and then the product caused you to suffer an injury.
NC Product Liability: Who Exactly Can Be Held Liable in Such a Case?
Just about anyone can be held liable for a product that is dangerous. The chain of distribution of a product can be lengthy, which means there could be dozens of entities that can be held responsible. The chain of distribution includes the manufacturer of the product, the manufacturer of a defective part that is on the product, the distributor of the actual product or a seller of the product.
North Carolina Product Liability: What Are the Damages That I Can Seek in Such a Case?
Every person who suffers an injury in any type of case will want to know the damages they can seek so they don’t have trouble paying the bills. Some of the damages you can recover in a product liability case include the following:
- Mental anguish
- Pain and suffering
- Medical expenses
- Property damage
- Loss of earning capacity
- Physical disability
- Lost wages
If the product caused death, surviving family has entitlement to compensation. A death resulting from a defective product will ultimately result in a wrongful death lawsuit.
Charlotte Product Liability: How Do I Prove Negligence in a Product Liability Case?
In order for a plaintiff to prove negligence in a product liability case he or she must show that the defendant owed the plaintiff a duty of care and that duty of care was not fulfilled. Depending on the circumstances, the plaintiff’s own negligence in the incident could lead to the recovery of damages being offset. How can a plaintiff be negligent? If the plaintiff wound up ignoring the warning label on the product or used the product inappropriately, they could be found negligent themselves.
Charlotte, NC Product Liability: How Can I Help My Own Claim Succeed?
There’s only so much you can do when filing a product liability claim. But, there are steps you can take to improve the claim’s chances of success. Make sure you do the following when trying to prove your case for product liability:
- Seek medical attention: It is always best to seek medical care when injured in a product liability scenario. You should take pictures of your injuries, of the product, and any damage it left behind. Try to collect any evidence from the incident and get statements from witnesses if any were present.
- Save all receipts: Save every single receipt you generate from the medical care associated with your injury. This includes doctor appointments, prescriptions, medical transport, treatment, surgery, consultations and other expenses. You should also record all time lost at work due to your injury. You could be able to recover lost wages as part of the claim.
- Record insurance correspondence: Record all correspondence with your insurance company if you have filed a claim with them for your product liability injury. These records will help in case the company decides to deny your claim.
Charlotte, North Carolina Product Liability Attorneys — Brown Moore & Associates
If you or a loved one has been injured by a defective product speak with an experienced attorney immediately. You need to begin protecting your rights before it is too late. The team at Brown Moore & Associates has more than 40 years of experience representing clients in claims involving defective products. Contact the office today to schedule an appointment with our Charlotte, North Carolina product liability attorneys.