Call : 704-594-4317
Call : 704-594-4317
When consumers use products purchased from stores or online retailers, they generally expect those products to be safe for their intended uses. When an injury is caused by a defective product, responsibility may depend on how the product was designed, manufactured, labeled, distributed, and sold. A Charlotte product liability lawyer can help determine how and where a defect occurred and whether North Carolina law allows you to pursue financial compensation.
Defective products can lead to catastrophic injuries anywhere across Charlotte, whether they occur in your home or office, or even at a busy shopping center near SouthPark or Uptown Charlotte.
Consumers who are injured by dangerous products can pursue claims with the assistance of a Charlotte product liability attorney who is familiar with handling these types of cases in the Mecklenburg County court system, including the Mecklenburg County Courthouse located at 832 E. Fourth Street in Charlotte.
At Ayers, Ayers & Dressler, our attorneys represent injured people across North Carolina who have suffered serious injuries and disabling conditions. Injuries caused by defective or unsafe products can cause medical bills to skyrocket, prevent someone from working, and create the need for future treatment or rehabilitation.
We know how insurance companies and defendants approach these types of claims. Our lawyers can work to identify how an unsafe product made its way to market and who may bear responsibility for defects or dangers. Our attorneys have substantial experience in injury cases, and we have been recognized by our peers for the quality of representation we provide our clients.
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North Carolina’s main product liability laws are found in Chapter 99B of the North Carolina General Statutes. The law broadly defines a product liability action. A product liability action refers to legal claims for compensation due to harm to a person or property arising from a product’s creation, preparation, distribution, or sale.
This means that product liability claims are not limited to products that break or stop functioning. Products can be unreasonably dangerous due to defects in design or because the consumer was not warned about a known danger.
The law also makes a distinction between product manufacturers and product sellers. Identifying each company that played a role in marketing a product to consumers can be critical to identifying liable parties.
Charlotte residents interact with thousands of products every day in their homes, at work, in their vehicles, and while participating in sports or hobbies. Potentially any type of product can give rise to a product liability claim if the legal elements for liability are met. Products that have been involved in claims include:
The type of product can determine what evidence may be required. For example, a claim based on a vehicle component that failed during normal operation generally requires engineering analysis. Claims based on inadequate warnings or instructions may focus on the content of the information provided to consumers about the product.
NC Gen. Stat. § 99B-1.1 Specifically states that there is no strict liability in tort for product liability actions. Thus, a person injured by a defective product cannot simply make a claim and prove that the product was defective. Instead, the plaintiff must generally prove a separate legal theory of negligence.
Examples would include negligent design, negligent provision of warnings or instructions to consumers, manufacturing defects, or breach of an express warranty. This differs from states that allow strict liability in product liability claims.
An estimated 38,826,000 individuals sought medical care in 2024 due to a consumer product-related injury. Compared to the 2023 estimate, this is an increase of more than 2.1 million, or 7.6%. Products can be free of manufacturing defects and still be unreasonably dangerous if they were designed poorly or dangerously.
Under NC Gen. Stat. § 99B-6, a claimant in a product liability claim concerning a product’s design or formulation must demonstrate that the manufacturer was not reasonably careful in developing it and that this carelessness directly led to the claimed injury.
To prove that the design was unreasonable, one method is to show that there was a practical alternative design that would have reduced the risk of injury and was available when the product was distributed.
When deciding a case, courts may weigh the product’s benefits against the dangers it presents, the probability of harm, and consumer awareness of those hazards. Other factors include whether the danger could have been reduced or eliminated without significantly impacting the product’s usefulness or making the product too expensive.
Some products are incapable of being made safe for their intended purpose. Some examples of these include:
These are inherently hazardous due to the function they perform. Failure to provide adequate warnings and instructions can create liability in these situations. However, warnings should be placed on products that can pose potential harm. To succeed in a case, an injured party might need to show that the maker or seller didn’t take proper precautions with warnings or instructions, and that this lapse directly led to the harm.
Warnings can be provided in a variety of forms, such as on a product’s labeling or in the instruction manual. The fact that there is a warning is not enough to prevent liability. The content, placement, and visibility of the warning are factors that may be considered.
Products can be designed properly but become dangerous because of errors during the manufacturing process. It’s possible for parts to be put together incorrectly, for contaminants to get into food or drugs, or for products to be manufactured outside of their required specifications.
Preserving the defective product can be especially important in these types of cases. If possible, do not discard, repair, alter, or sell the product until after it can be examined. Keep the product in the same condition that it was in after the accident occurred. The product itself can allow professionals to determine how part of the product failed. Other important evidence includes:
People who hire a product liability lawyer can have an attorney handle the complicated legal and technical work involved in investigating a defective product claim. A Charlotte product liability attorney can preserve the product and its packaging, identify the manufacturer and any other companies involved in distributing the product, and obtain copies of warnings and instructions.
Your attorney can research whether the product has been recalled and obtain documentation of other incidents involving similar product failures. Design and manufacturing records can be obtained through the discovery process.
Attorneys can also deal with claims in Charlotte that a consumer modified or misused the product. If this occurs, your lawyer can review the physical evidence and testimony about how the product was being used when the injury occurred. Your attorney can also prepare your product liability case for trial if a settlement cannot be reached.
You may be able to file a product liability claim in Charlotte even if you didn’t buy the product. North Carolina recognizes that people besides the original purchaser can have standing to make a claim against a manufacturer for breach of the implied warranty. This can extend to the buyer’s family, guests of the buyer or their family, and employees. Which legal theory applies and the circumstances of your injury determine who can make a claim.
Purchasing something secondhand does not necessarily mean you can or cannot file a product liability claim. However, courts may look at how old the product is and if any modifications were made. North Carolina law gives manufacturers and sellers certain defenses if the product has been altered or modified after the manufacturer or seller had control over it and if those modifications caused the injury.
Not having a receipt does not necessarily bar you from being able to make a claim in Charlotte. However, proof of your item’s purchase and history can significantly help you in your case. In lieu of a receipt, you can use bank and credit card statements and online purchasing history. Product identification can be especially important in determining who manufactured your item and tracing who it passed through on the way to you.
Yes, you may be able to make a claim over a defective product that only damaged your property. North Carolina law specifically defines a product liability action to include certain claims for property damage, not just personal injury or wrongful death. The viability of any claim depends on the facts of how the damage occurred and what legal theory applies.
Product liability cases can raise issues of engineering, company documents, professional testimony, and North Carolina statutes that are very different from the rules that apply in other states. Proving that you were injured while using a product is just the start. You must also use evidence to prove a legal basis for holding the manufacturer, seller, or other party accountable. Ayers, Ayers & Dressler can assist you with your case. Contact us today for a consultation.
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Security because of a disabling injury or condition.
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