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Understanding Product Liability Law in North Carolina

Unlike many other states that apply strict liability standards to product liability cases, North Carolina General Statute § 99B-1.1 establishes that there is no strict liability in tort in product liability actions in the Tar Heel State. Product liability claims in North Carolina typically involved one of three theories: design defects, manufacturing defects, or failure to warn.

If you were seriously injured or your loved one was killed by a defective product in North Carolina, you should avoid speaking to any insurance company until you have legal representation. The Nye Law Group represents victims in communities all over the greater Charlotte area. Call 855-636-9277 to schedule a free consultation.

North Carolina Product Liability Cases

product liability Lawyer When a person is injured by a dangerous or defective product, he or she should immediately seek medical attention. Even if the injuries do not seem serious, you should still obtain the opinion of a medical professional as insurance companies will use any delays in treatment to argue a victim’s injuries are not as severe as he or she claims.

A person will want to make sure that the dangerous or defective product is not thrown away. Instead, the item that caused the person’s injuries should be stored in a safe location in which no other person will be harmed.

Chapter 99B of the North Carolina General Statutes sets forth various standards and defenses relating to product liability actions. North Carolina General Statute § 99B-4 provides that a manufacturer cannot be held liable for injuries when adequate instructions are provided for the safe use of a product.

Under North Carolina General Statute § 99B-5, a plaintiff needs to prove two things. First, they must determine that a manufacturer or seller failed to provide warning or instruction. Secondly, they must either show that, at the time the product left the control of the manufacturer or seller, the product created an unreasonably dangerous condition that the manufacturer or seller knew or should have known posed a substantial risk of harm, or that the manufacturer or seller became aware of or should have known of the product posed a considerable threat of injury after it left the control of the manufacturer or seller.

Every product liability action in North Carolina will require very substantive proof of the alleged design defect, manufacturing defect, or failure to warn. Another critical concern that victims in these cases need to keep in mind is two crucial statutes of limitations.

The traditional three-year time limit applies to injury claims based on injuries caused by another party’s dangerous or defective products. Another vital consideration though relates to the 12-year statute of repose in North Carolina which means that legal actions must be filed within a dozen years of a dangerous or defective product’s original purchase.

Find a Product Liability Attorney in North Carolina

Did you sustain catastrophic injuries or was your loved one killed by a defective or dangerous product in North Carolina? You will want to contact the Nye Law Group as soon as possible.

Our firm represents clients throughout the Tar Heel State. Our Charlotte personal injury attorney will fight to get you full and fair compensation. Call 855-636-9277 or contact us online to have our lawyer review your case and discuss all of your legal options during a free consultation.

Overview of North Carolina Product Liability Law

Chapter 99B of the North Carolina General Statutes establishes provisions relating to product liability claims in the Tar Heel State. North Carolina General Statute § 99B-1.1 specifically states that there is no strict liability in product liability actions.

In other words, a manufacturer is not automatically liable when one of its products injures a person. A person pursuing a product liability claim in North Carolina will have to satisfy certain requirements in order to hold a negligent party accountable.

Did you suffer severe injuries or was your loved one killed by a defective product in North Carolina? You will want to immediately contact the Nye Law Group. Our firm represents clients in communities throughout the Charlotte area. You can receive a free consultation by calling 855-636-9277.

Types of Product Liability in North Carolina

defective product lawyerNorth Carolina recognizes three kinds of product liability claims:

  1. Manufacturing Defects — A product caused an injury because it was defectively manufactured. These are typically isolated cases in which some kind of error in the manufacturing process made the product unreasonably dangerous.
  2. Design Defects — When a product is improperly designed, multiple people may be harmed because of the defect. Product liability actions based on design defects frequently become class action lawsuits as multiple people suffer similar injuries due to the same problem.
  3. Failure to Warn — Product manufacturers can also be liable for not providing adequate instructions or sufficient warnings about dangers of improper product uses.

A person generally has three years to commence a product liability action in North Carolina. It is important for any victim injured by a defective product to not throw that product away. Instead, store the dangerous product in a safe place where nobody else will access it and potentially harm themselves as well.

You should also keep all receipts relating to your purchase of the defective product. Additionally,  after you have been injured by a defective product, you shouldn’t delay seeking medical treatment.

Insurance companies for negligent manufacturers will use any delays in treatment to argue a victim’s injuries were not as serious as he or she claims. By immediately seeking medical attention, you also protect your own long-term health as some serious injuries do not always have immediate symptoms.

Victims in product liability cases may be entitled to economic damages for calculable harm such as medical bills and lost wages. Noneconomic damages such as pain and suffering may also be awarded, and certain cases can involve possible punitive damages when a defendant is determined to have acted maliciously, wantonly, or in an otherwise careless and reckless manner.

Find a Product Liability Attorney in North Carolina

If you suffered catastrophic injuries or your loved one was killed by a defective product in North Carolina, do not delay in seeking legal representation. The Nye Law Group represents clients all over the Tar Heel State.

Our Charlotte personal injury lawyer will fight to get you full and fair compensation for all of your medical expenses, lost wages, and other damages. Call 855-636-9277 or contact us online to have our attorney provide a complete evaluation of your case during a free consultation.

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402 West Trade Street,
Suite 112
Charlotte, NC

704-285-6319 get directions

119 Southern Boulevard, Savannah, GA 31405

912-200-5230 get directions
View all locations
CONTACT US

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

* All Fields Required

Or Call 912-200-5230