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When a defective or dangerous product causes harm, pursuing a product liability claim in Raleigh can be essential for obtaining justice and compensation. At Ward and Smith, our experienced product liability lawyers are committed to holding manufacturers and distributors accountable for their negligence. If you’ve been injured by a faulty product, contact us at (919) 827-8475 for a free consultation. Let us help you navigate the legal process and secure the compensation you deserve while you focus on your recovery.
Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries caused by defective or dangerous products. When a consumer uses a product as intended and suffers harm due to its defects, they may have grounds for a product liability claim.
What is Product Liability?
Product liability law holds parties involved in the manufacturing, distribution, and sale of products accountable for any harm those products cause. The underlying principle is that consumers have the right to expect that the products they purchase are safe for use. If a product fails to meet this standard, affected individuals may seek compensation for their injuries.
Types of Product Defects
Product liability claims typically fall into three main categories based on the type of defect involved:
Design Defects
A design defect occurs when the product is inherently dangerous due to its design. This means that even if the product is manufactured correctly, its design poses a risk to users.
Example: A common example of a design defect is a ladder that is unstable due to its shape, making it prone to tipping over.
Manufacturing Defects
Manufacturing defects arise during the production process, making an otherwise safe product dangerous. These defects can occur at any stage of manufacturing.
Example: If a toy is manufactured with a small, detachable part that poses a choking hazard, it may be subject to a product liability claim.
Marketing Defects
Marketing defects involve improper instructions or insufficient warnings about a product’s potential dangers. If a product lacks appropriate labeling or warnings, consumers may not be adequately informed about the risks.
Example: A medication that does not include a warning about serious side effects may fall under this category.
Legal Options for Victims
If you have been injured by a defective product, you may have several legal options available to seek compensation. The following are common avenues for pursuing a product liability claim:
Negligence Claims
To win a negligence claim, you must prove that the manufacturer, distributor, or retailer failed to exercise reasonable care in the product’s design, manufacturing, or marketing, leading to your injury. This approach requires demonstrating that the responsible party had a duty to provide a safe product and breached that duty.
Elements to Prove:
Strict Liability Claims
Strict liability claims focus on the product itself rather than the behavior of the manufacturer or seller. In these cases, you do not have to prove negligence; instead, you must demonstrate that the product was defective and caused your injuries.
Key Points:
Breach of Warranty Claims
Warranties are promises made by manufacturers or sellers regarding the quality and safety of a product. If a product fails to meet these promises, you may have grounds for a breach of warranty claim.
Types of Warranties:
To succeed in a breach of warranty claim, you must show that the product did not conform to the promised quality or safety standards.
If you have been injured by a defective product, taking the following steps can help you build a strong case:
Product liability is a crucial aspect of consumer protection law, ensuring that manufacturers and sellers are held accountable for the safety of their products. If you have suffered an injury due to a defective product, you have legal options to pursue compensation. By understanding the different types of defects and the legal avenues available, you can take the necessary steps to seek justice and recovery for your injuries. Consulting with a personal injury attorney can provide you with the guidance needed to navigate this process effectively. Remember, you have the right to a safe product and to hold responsible parties accountable for their actions.
When defective products cause harm, having a knowledgeable attorney can make all the difference in seeking justice. At Ward and Smith, our experienced product liability attorneys are dedicated to holding manufacturers and distributors accountable for their negligence. We are here to help you navigate the complexities of your case and pursue the compensation you need for your injuries. For a free consultation and to discuss your case in detail, call us at (919) 827-8475. Trust Ward & Smith to provide the expertise and support you need to achieve a favorable outcome.
