Products Liability: Things to Know

Product liability is the area of civil law that refers to a manufacturer’s responsibility when a consumer suffers damages from a defective product. There is no federal product liability law; rather, it is a process outlined by individual states. 

If you’re wondering about the primary considerations for product liability in Charlotte, North Carolina, these are the things to know. 

What Are the Types of Product Defects?

A product can be harmful in different ways, and it follows that the basis of a product liability claim will depend on the nature of the defect. For the purpose of a product liability claim, an injury-causing product can be defective in one of three ways: 

• Defective Design — Sometimes, a product can work exactly as planned and still cause injury or harm. When this happens, a plaintiff may point to the fact that the product’s design is inherently defective. 

• Defective Manufacturing — Defective manufacturing refers to the failure of a manufacturer to create their product as intended, causing injury. 

• Defective Marketing — When a product is incorrectly marketed, it has the potential to cause injury, whether due to improper labeling, poorly written instructions, or a lack of safety warnings, as a few examples. 

Who’s Responsible in a Product Liability case?

When you’re injured by a defective product in Charlotte, you might make the forgivable mistake of believing that the manufacturer alone is liable. On the contrary, past product liability claims have shown that a gamut of individuals and organizations can be—and should be—held accountable. 

Some of these can include:

• Manufacturers, both of the product and component parts
• Assemblers, installers, or others related to set-up
• Wholesalers
• Retailers

As noted above, the various contributors involved in the chain of production—all the way from initial design to sale—can be on the hook. 

Defenses Used in Product Liability Cases

In a majority of cases, legal tenets such as strict liability and others place the burden of proof on the defendant to demonstrate that they did not breach their duty to the consumer in a product liability case. 

The takeaway? Even if you have a case backed by solid evidence, the defendant will likely try their best to eschew liability by turning it back on you, the victim. 

Some common defenses in product liability cases can be claiming that the plaintiff used the product in an incorrect, yet unforeseeable manner or that the product was altered from its original state at the time of production. 

Get Help with Your Product Liability Case

Proving fault in a product liability case is a complicated feat, which is why most people rely on a lawyer to argue their case for them. The members of the Charlotte legal team at The Nye Law Group are well-versed in product liability and want to help you get the settlement you deserve. 

Want to speak to a Charlotte product liability lawyer at our firm? Fill out the form below or call 704-285-6319 now to ask about a free, no-obligation consultation.