A product liability claim refers to a legal action in which a consumer can seek compensation from a manufacturer, a distributor, or a retailer for injuries or property damage that may be caused by a defective product.
Talk with a product liability lawyer in Charlotte, and they can explain all that this type of claim entails.
Types of Product Liability Claims
In terms of what a product liability claim may do, it may help you hold a company accountable if a defective or unreasonably dangerous product causes injuries. Below are details about the three types of claims that you may file if you purchase a product that proves to be faulty:
- Manufacturing defect: A product can become dangerous if a mistake is made during the assembly or production process.
- Design defect: A product may be built correctly, but a poor design can make it unsafe for consumers.
- Warning or marketing defects: A business may fail to provide consumers with adequate instructions, safety labels, or clear warnings about potential side effects or dangers associated with using its product.
In pain due to a defective product? Call Shane! The team at Shane Smith Law has more than 100 years of combined experience. On top of that, we’ve earned many positive client testimonials. Let us teach you about what a product liability claim means and help you with your defective product case. To get started, request a free consultation.
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Call (980) 294-4931Do You Have a Valid Product Liability Claim?
Speak with a personal injury attorney who has experience with product liability claims. Your lawyer can give you insights into what a product liability claim is and whether you may have grounds for filing one. Plus, they can explain the elements of a product liability claim, which are:
- Strict liability: To prove liability, you may have to show that a product was defective due to a design, manufacturing, or marketing flaw, that this issue was the actual and proximate cause of your injuries, and that the problem existed when you purchased the product.
- Negligence: You may have to illustrate that you were owed a duty of care, that this duty was breached, that the violation of duty contributed to your injuries, and that you are dealing with losses due to the defective product.
- Breach of warranty: Your claim may be based on a failure of a product to meet explicit or implicit promises, guarantees, or assurances from the seller.
Every state has a specific deadline to file your claim. For example, North Carolina General Statutes § 1-52 states that if you are injured due to a faulty product, you may have up to three years to pursue compensation from any responsible parties. If this statute of limitations expires, you may lose the right to ask for damages from any liable parties.
Compensation That You Can Get If You File a Product Liability Claim
As you consider what product liability claims are, it may be beneficial to assess the losses that you may have incurred because of a faulty product. By filing a claim, you could recover economic and non-economic damages, such as:
- Pain and suffering
- Medical bills
- Loss of income
- Diminished earning capacity
If you have lost a family member in a fatal accident involving a defective product, you may be eligible to proceed with a wrongful death claim. With this claim, you could receive damages for your loved one’s burial and funeral expenses and other losses. Your attorney can share details about how economic damages are calculated in a wrongful death claim.
What to Expect If You File a Claim for a Defective Product
Before you file your product liability claim, your personal injury attorney may conduct an investigation. This may allow your lawyer to gather evidence to support your claim. From here, your attorney may help you file a formal complaint, which can outline your allegation, the type of product defect, and the damages that you are requesting.
After your complaint is filed, the discovery phase may get underway. The parties involved in your complaint may exchange information with one another. Interrogatories may be used in which these parties may answer questions in writing under oath. Depositions may also be held in which the parties, witnesses, and experts are asked to answer questions aloud under oath.
Your lawyer may negotiate a settlement on your behalf. If you and the other party reach a personal injury claim settlement, you can close your case. Settlement discussions may occur before or after a lawsuit is filed. If the parties cannot resolve the dispute, your case may proceed through litigation and potentially to trial.
What Can Happen If You File a Product Liability Lawsuit?
If you file a product liability lawsuit, you have the opportunity to argue your case in front of a judge or jury. Your attorney can describe the personal injury lawsuit process and challenges that you may encounter along the way. They want to prove to a judge or jury that the defendant may be responsible for your injuries and, as such, should pay compensatory damages.
Your lawyer can give you information about what a product liability claim involves and how a lawsuit is different. Ultimately, your lawyer may argue that the defendant put you in danger. They may use the defective product, witness statements, and other evidence to strengthen their argument as well.
If the defendant has concerns about your case, they may be inclined to settle before your trial date. Your attorney can help you assess any settlement offers that you receive. If you don’t get an offer that you feel is reasonable, your lawyer can take your case to trial. When they do, they can stand up for you and dispute any claims that the defendant makes against you.
We Can Help You with Your Product Liability Claim or Lawsuit
Shane Smith Law has obtained more than $250 million for our clients. We can discuss what a product liability claim encompasses and other legal topics with you. If you are ready to file a product liability claim or lawsuit, we’re here to help. Contact us today.
