Product Liability

Product liability is an area of law that provides compensation to people who have been injured by a dangerous or defective product.  If a product injures you, you may be able to hold any contributor in the manufacturing chain liable for your injuries.  Those that can be responsible can include:

  • Manufacturer of Component Parts
  • Assembling Manufacturer
  • Wholesaler
  • Retail Seller

While many people think that product liability only involves products that a person can buy at a store, product liability can also include:

  • Pets
  • Intangibles (gas, electricity, etc.)
  • Writings (blueprints)
  • Real Estate

Product liability claims are very complex and can be very confusing if you do not have the necessary experience. Not only are there multiple parties that can be held liable for your injuries, but there are also a variety of different types of product liability claims. When it comes to determining the specific type of product liability involved, there are three basic options:

  • Strict Liability – It does not matter how careful you are, the mere fact that the product is defective holds the other party liable for your injuries.
  • Negligence – One or more parties in the manufacturing chain was negligent and caused the product to be defective, which resulted in your injuries.
  • Breach of Warranty – Either written or expressed verbally, in advertising or in person, a warranty tells you that the product should be safe for its intended use. If the product is defective, the warranty is breached and another party can be held liable for your injuries.

In addition to all these various product liability factors, each state has different rules and regulations regarding the type of product liability claim you are able to file. However, all product liability claims must show that the product was defective for one reason or another. There are several different types of product defects:

  • Design Defects – Before the product is even made, the design causes the product to be defective.
  • Manufacturing Defects – defects occur while the product is being created.  Often times, this only causes a couple products to be defective, rather than every product created.
  • Marketing Defect – A marketing defect is a defect in the directions or warnings of dangers or uses.  This can include a missing line in the instructions or even a typo.

Due to the complexity of a product liability claim, it is important that you contact an experienced North Carolina product liability lawyer if you are filing a product liability claim.  A product liability lawyer will inform you of the rules and regulations regarding Product Liability in your area.

Frequently Asked Product Liability Questions
Defective Children’s Products

Contact the Law Offices of Michael A. DeMayo, L.L.P. ® to schedule a free initial consultation with one of our North Carolina product liability attorneys.