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Greenville Product Liability Attorney
Product Liability Attorney in Greenville, North Carolina
It is standard practice for a product to be subjected to rigorous testing and inspection before it is offered for sale to consumers. Despite this requirement, there are hundreds of product recalls every year, and some of these potentially hazardous products still make it into the market and into our homes, where they harm our loved ones and friends.
Product liability is another name for the responsibility that manufacturers have to exercise reasonable care to ensure that their goods will not result in injuries to those customers.
If you have suffered a personal injury due to a harmful or defective product, Diener Law is here for you. We encourage you to contact our product liability attorney in Greenville, NC, to assess your situation and explore your options. Speak to us now!
Why do I need a Product Liability Lawyer in North Carolina?
In product liability claims, the defendant is usually the company responsible for manufacturing and releasing the defective product into the hands of consumers. Having a large corporation as the defendant in your case can be difficult. Because the corporation has the resources and funds to fight your lawsuit, the balance of power will tilt in its favor.
A well-experienced Greenville product liability attorney is recommended to level the playing field. At Diener Law, we bring our years of experience and aggressive legal services to every case we handle. We can assist you in pursuing justice against any defendant, large or small. And you can rely on us to:
- Determine the Responsible Party. Any party involved in developing or distributing a product may be held liable for damages caused by a defect.
- Collect all available evidence. You must prove liability, causation, and damages to win your case. Much of the evidence required to support your claim may in the defendant’s possession. We can gather this evidence on your behalf and, if necessary, issue a subpoena to obtain withheld evidence.
- Avoid Making Expensive Mistakes. Even if you have strong evidence to support your claim, you could still make an error that hurts your case. Missing doctor’s appointments, failing to fill prescriptions, or disobeying your doctor’s orders may result in a disagreement. Other common errors include posting about the incident or case on social media and providing the opposing party with a recorded statement.
- Take into account all potential damages. If you do not hire a lawyer to handle the settlement calculations and negotiations, you may accept far less than you deserve. A well-credentialed product liability attorney can estimate a reasonable settlement figure and fight for a fair settlement using proven negotiation strategies.
- Legal representation. While many product liability cases are settled without going to trial, many cases require a trial each year. This usually happens when a company refuses to compensate an injured product user in an out-of-court settlement fairly.
If you or a loved one was injured as a result of a defective product, you might benefit from the assistance of a Greenville product liability attorney from Diener Law. We may be able to assist you in recovering damages for losses caused by a manufacturer’s negligence. Speak to us right away!
What is Product Liability?
Product liability is the legal term for the obligation that falls on any party that was engaged in the production of a faulty or otherwise harmful product. It is possible for defective items to be so hazardous that they cannot be utilized in the manner they were designed, and in rare instances, the defects might even cause major harm or wrongful death to customers.
There are many stages in the manufacturing process where a failure can occur, and different parties may be held liable for such a defect. These stages include product design, component manufacturing, assembly, distribution, and marketing.
Generally, there are three types of product defects:
- Design defects: When a product is designed in such a way that it is highly unsafe for everyday use, this is what we call a design flaw. All products with the same design are affected by design flaws.
- Manufacturing defects: This type occurs when an error occurs during manufacturing, rendering the product defective and unsafe for use.
- Labeling defects: These are also known as “failure to warn” or “marketing defects,” and they occur when a product lacks safety warnings, potential side effects, instructions, or other similar information.
It is essential that you discuss a potential product liability claim with a seasoned product liability attorney in Greenville, NC. Although businesses carry product liability insurance to protect them from legal action, you can still file a lawsuit and hold them liable for any damages caused by their product.
Everyday Products Involved In Lawsuits
Although defective consumer goods can cause serious injury, certain products are more commonly involved in North Carolina lawsuits than others. Product liability cases involve a wide range of products. If you or a loved one was injured due to a defective product, you might benefit from the assistance of a Greenville product liability attorney from Diener Law.
- Auto defects – seat belts, airbags, gas tanks, or tires that are not working correctly; SUVs that are prone to rolling over due to poor design
- Medical products – failure of electrical, electronic, or mechanical components in cardiac rehabilitation chairs, implanted aids, and other medical devices.
- Pharmaceuticals – with potentially dangerous side effects
- Consumer products – power tools, ladders, appliances, and toys that lack safety protections, pose a health risk, or fail so that they cause falls, lacerations, explosions, burns, poisoning, or other serious harm.
- Heavy equipment or industrial machinery – failure of emergency controls or a lack of safety mechanisms
Every product manufacturer, regardless of product type, is required by law to design and manufacture safe goods. Negligently failing to meet the expectations of this duty may result in catastrophic injuries. Even if a manufacturer was unaware of a product defect, it might be held liable for releasing the item to consumers.
Proving Product Liability Claims in Greenville
North Carolina, unlike many other states, has a strict standard for product liability law; therefore, it is not sufficient to simply demonstrate that a product is defective. A party claiming damages must prove that the maker acted negligently and that the defect resulting from that conduct was the “proximate cause” of the claimant’s injury.
Under Chapter 99B of the North Carolina Code, there are several approaches to demonstrate that the harm caused by a defective product merits compensation:
- The manufacturer designed the product unreasonably.
- The manufacturer acted in an unreasonable manner when creating the product.
- The manufacturer failed to offer proper product warnings.
- The manufacturer did not provide adequate instructions on how to use the product properly.
- The manufacturer breached the purchaser’s guarantee.
An attorney in Greenville skilled and knowledgeable in product liability law can assist you in gathering the evidence you need to win your case and ensure you meet the proof criteria.
Elements of Product Liability Claim
If you have been injured by a product, you should seek the advice of an experienced Greenville product liability lawyer as soon as possible. Diener Law can review your case and assist you in proving liability. Remember that parties involved in the creation, manufacture, and distribution of products are subject to strict liability, which means you do not need to prove that any other party was negligent.
In North Carolina, you must prove the following elements in product liability claims:
- You were hurt physically.
- The product was hazardous, defective, or poorly designed, and there were insufficient warning labels.
- Your injuries were caused by a faulty product.
- You used the product with reasonable caution and in an intended manner.
An experienced defective product attorney can guide you through the process and help you establish your claim.
Who is Held Liable for a Dangerous Product?
When a product has a defect that makes it unsafe for use, it might put the person using it at risk of suffering catastrophic injuries. Product designers, producers, and distributors are all potentially responsible parties in the event that someone is injured or suffers wrongful death as a result of a faulty product.
The competent product liability attorneys at Diener Law are well-versed in North Carolina’s Product Liability Law and are capable of identifying those who should be held accountable for your injuries. Allow us to assist you in obtaining the compensation that is rightfully yours.
Defenses in a Product Liability Lawsuit?
The North Carolina product liability statutes lay forth a variety of certain defenses that can be offered by either manufacturers or sellers defending a claim based on defective products. In order to guarantee positive results, your qualified product liability attorney in Greenville can help prepare you for these possible manufacturers’ or sellers’ defenses.
- Sealed Container – The product was received and sold in a sealed container, and the seller had no reason to suspect it was defective.
- Product Alteration – A third party (neither the manufacturer nor the seller) modified the product; this is not a defense if the modification was done in accordance with the manufacturer’s instructions.
- Contributory Negligence – The product was used against its instructions, the user was aware that it was defective but continued to use it, or the user failed to exercise reasonable care.
- No Opportunity to Warn – In a failure to warn claim, the plaintiff must show that the seller/manufacturer knew or should have known about the risk but failed to warn in an unreasonable manner.
- Lack of Safer Alternative – To win on an inadequate design claim, the plaintiff must demonstrate that safer, more reasonable alternatives existed.
- Open and Obvious Risk – The danger of injury was obvious, but the plaintiff was negligent.
Many of these defenses fall under the contributory negligence concept, which states that the injured party’s acts contributed to the injury. Your product liability lawyer can help you respond to these defenses accordingly.
What Type Of Compensation Could I Receive?
We are aware that suffering a severe injury can result in a significant amount of financial burden and emotional anguish. Allow our team of hardworking Greenville product liability lawyers to fight for you to get the money you are entitled to. We will take care of all legal responsibilities in your case so that you may concentrate on getting better.
Every product liability cases are unique, and the type of compensation you may receive will vary depending on your circumstance. In general, you may be eligible to receive compensation on the following:
- Medical bills
- Lost wages
- Pain and suffering
- Depreciated earnings
When to File a Product Liability Claim?
It is crucial to speak to a product liability attorney in Greenville about your accident as soon as possible after it happens. Prompt action could allow a law firm to collect substantial evidence while it is still available. These can be photographs of defective products or manufacturing logs. Your case against the manufacturer could be more robust when witnesses have a fresh account of the incident in their minds.
There are a couple of deadlines in North Carolina for filing a product liability claim. The first is the statute of limitations, which states that you have three years from the date of injury to file a lawsuit. There is also a “statute of repose,” which allows for a lawsuit to be filed 12 years after the date of purchase. In other words, if an item was purchased more than 12 years ago (for example, if you were injured after owning it for 13 years), you can no longer file a claim.
You only have a limited time from the day your accident happened to file a claim against the manufacturer. Otherwise, you could miss out on the opportunity to obtain compensation forever. The courts generally do not permit exceptions to the rule.
Call our Competent Product Liability Attorney in Greenville, North Carolina, Now!
Product manufacturers and distributors are legally required to ensure that their products are reasonably safe and will not cause injury or illness when used as intended. Unfortunately, designers and manufacturers of various products have the means necessary to contest every claim that is brought against them. The pursuit of a fair settlement may sometimes require an uphill legal battle, and all it may take to put your entire claim in jeopardy is a single error on your part.
Product liability attorneys at Diener Law in Greenville have the experience to successfully assist you or your loved one in obtaining compensation for your losses and medical expenses. Please get in touch with us right away so we may be able to assist you in recovering from the significant and life-changing personal injuries that you have sustained.
To discover how Diener Law can assist you, dial our number now, and let’s start discussing your case!