When any company or individual creates a product and sells it to the public, they have to ensure it’s safe for people to use. Unfortunately, every year manufacturers, distributors, and wholesalers sell products that cause physical harm and emotional trauma. It’s unacceptable, and that’s why there are legal steps you can take to hold them responsible.
Victims injured by defective or harmful products have the right to pursue compensation from the negligent party or parties. At DeMayo Law Offices, our Monroe personal injury attorneys have the experience, resources, and skills to help you fight for your rights and recover the maximum compensation available.
If you were hurt by a dangerous or defective product, call our Monroe product liability lawyers at (704) 291-9200, and we’ll explain how to pursue monetary damages for the injuries you sustained.
Examples of Product Liability Cases
Many state and federal regulations are designed to protect us from defective products. They ban known dangerous materials and products and limit the use of others.
If something on the market causes injuries when it’s misused, the manufacturer should include a warning label. Under the Consumer Product Safety Improvement Act, manufacturers can be held liable if their products result in physical injury.
Examples of product liability injuries that could merit financial compensation include the following:
- Products containing asbestos, mold, pesticides, and other toxic chemicals
- Faulty cars and car parts, such as airbags, seat belts, and tires
- Defective furniture
- Dangerous cleaning products
- Pharmaceutical drugs with unknown or serious side effects
- E-cigarettes causing disease
- Defective lawn care products
- Dangerous machinery and tools
- Faulty household appliances
- Disease or injury-causing medical devices
- Cancer-causing tobacco products
- Dangerous recreational equipment
- Injury-causing children’s toys
- Electronics found to cause fire or electrocution
- Poisonous or tainted food items
Elements of a Product Liability Case
If a product caused you injury, you might be able to pursue compensation from several different parties in an insurance claim or lawsuit. Before you file, you and your attorney should determine what kind of defect led to your injury.
Three common types of product defects are:
- Design defect: If a product’s design is inherently unsafe, it could lead to a dangerous consumer good that puts purchasers at risk of injury. Design defects can include packaging, such as malfunctioning childproof caps.
- Manufacturing defect: This is the unintentional defect in a product that appears during its manufacturing rather than design. The manufacturer creates a dangerous product, and it leaves the factory without anyone realizing there’s a defect.
- Failure to warn: All companies must provide warning labels for their products. Labels should list any risks that are inherent to the product’s use, how to use the product properly, and how to avoid an injury.
Lawyers typically use the theory of negligence to prove a party’s liability for dangerous products. Negligence occurs when a party fails to take reasonable steps to prevent an injury to another person. You and your attorney will need to show five to prove negligence caused your injury:
- The manufacturer owed you a reasonable duty of care to prevent physical, mental, or emotional harm;
- They breached their duty of care;
- Their actions or inaction was the direct cause of your injury;
- The manufacturer should have foreseen that their actions would lead to an injury; and
- You suffered an injury and damages.
Another legal basis for a product liability case is called tortious misrepresentation. This involves the manufacturer providing misleading or false information to the consumer. There are two forms of tortious misrepresentation:
- Negligent misrepresentation: This occurs when the manufacturer doesn’t confirm if their statement is true.
- Fraudulent misrepresentation: This happens when a manufacturer knows they’re providing a false statement and mislead their consumer intentionally.
Take These Steps After a Product Injures You
One of the main reasons product liability claims are denied or offered low settlements is because they wait too long to start the legal process. If you delay medical treatment, forgo legal representation, or don’t file an insurance claim, you risk recovering the compensation you deserve.
If you get hurt and want to pursue a product liability case, take the following steps:
- Get medical treatment for your injuries.
- Hire a qualified Monroe, NC product liability lawyer.
- Have your attorney get the manufacturer’s liability insurance information to file a claim.
- Keep the product that injured you to use as evidence.
- Keep copies of your medical records, out of pocket costs, prescriptions, billing statements, and other documents.
- Continue treatment until your doctors release you from their care.
Don’t sign any forms that the liability insurance company sends you. There’s no legal obligation to complete anything they send you or sign an authorization that gives them access to your medical records.
When you hire DeMayo Law Offices, we’ll let you know what’s required and what requests you can ignore from the insurance company. We’ll also take over all correspondence with the company and their insurer.
The Compensation You Can Seek in a Product Liability Case
The details of the incident caused your injury and its effects on your life will determine the maximum compensation you deserve. Every case is different, so only a qualified attorney can tell you what you may be owed.
When you file an insurance claim, you could recover compensation for the following damages:
- Past and future medical bills
- Pain and suffering
- Diminished quality of life
- Lost past income and lost future earning capacity
- Permanent disability or physical impairment
- Emotional suffering
- Property damage
When the insurance company reviews the details of your product liability case, they’ll review the claim to determine how much money they’re willing to pay. Factors contributing to your settlement include:
- Total expenses required for medical care
- The type of injury sustained and how severe it is
- The length of treatment needed to recover from the injury
- Duration spent away from work due to physical or mental limitations
- If a permanent injury exists, such as paralysis or loss of vision
- Coverage listed on the liability insurance policy
- The impact of the injury on daily lifestyle
- Emotional or psychological trauma experienced
Insurance companies are businesses, and, like every other business, they’re motivated to make money. Your attorney won’t let you settle for less than you’re owed. At DeMayo Law Offices, we’ll advise you to take the manufacturer to court if it’s warranted.
Why You Should Hire a Monroe, NC Product Liability Lawyer from DeMayo Law Offices
Many victims of product liability cases assume they can handle their claims alone. You might think you’re saving money by refusing legal representation. Unfortunately, individuals who try to manage their own cases often end up with a low settlement or nothing at all.
If you’re concerned about the additional expense of hiring a law firm, don’t worry. We take cases on a contingency fee basis. That means there are no upfront legal fees required for us to work on your case. We don’t collect a fee unless we secure an insurance settlement or favorable judgment. We also provide a free consultation, so you don’t have to pay us to discuss your case and receive legal advice.
The attorneys from DeMayo Law Offices know the strict deadlines you must meet and the North Carolina laws that dictate how product liability cases work. We know where to look for relevant evidence and how to prove the manufacturer’s negligence. We have a legal team ready to dedicate their time to your case and work diligently to resolve it as fast as possible so you can move forward with your life.
What’s the Deadline to File a Product Liability Lawsuit?
Every state has a statute of limitations that injured individuals must follow if they want to file a product liability lawsuit. In North Carolina, the statute of limitations is three years. That means you have three years from the date of your injury to sue the manufacturer or other negligent party. If you used a product as intended and suffered bodily injury or property damage, you have the right to pursue legal action within the civil court system.
Contact DeMayo Law Offices for Help with Your Product Liability Case
Our Monroe, NC product liability lawyers and legal team will fight hard to protect your rights and seek just compensation on your behalf. We know our clients’ struggles after getting hurt and are dedicated to winning the settlements they deserve from irresponsible and negligent manufacturers. You can depend on us to handle your product liability case effectively while you recover from your injuries.
Our clients are our top priority. When you hire us, we’ll treat you with respect and compassion. You can expect open, honest communication at all times and frequent updates on your case’s status, so you’ll never feel ignored or unimportant. Our legal professionals are always available to speak with you when it’s most convenient.
If a defective product caused you injury and you need assistance seeking financial compensation, call us today at (704) 291-9200. We’ll schedule your free consultation with one of our Monroe, NC product liability lawyers, so you can start the process recovering the damages you’re owed.
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