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
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.