Who can be sued in a product liability case? Depending on the specifics of your situation, you may have grounds to sue the product manufacturer, designer, marketer, or seller.
A product liability lawyer in Charlotte can investigate your situation, identify the party at fault, and handle all aspects of your lawsuit.
Grounds for Filing a Product Liability Case
A product liability case is a type of personal injury case. To pursue a personal injury case and potentially collect damages, you must prove the at-fault party’s negligence. Proving negligence requires showing:
- The at-fault party owed you a legal duty to ensure your safety. This means they had an obligation to protect you from harm.
- The at-fault party breached its legal duty. They did something that caused you harm, or failed to take reasonable care to protect you from harm.
- The breach of duty led to a harmful event. That harmful event left you with measurable damages.
The elements of a product liability claim apply these concepts of negligence to product producers. Product manufacturers, designers, marketers, and sellers all owe consumers a legal duty of safety.
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 294-4931Who You Can Sue in a Product Liability Case
North Carolina General Statutes Chapter 99B Products Liability establishes the state’s product liability laws. There is no “strict liability” in product liability cases. While victims can sue product manufacturers, designers, marketers, or sellers, the respective party is not automatically liable for damages.
An experienced attorney can review your situation and determine if you have grounds for a claim and who to sue in a product liability case.
You May Sue the Product Manufacturer
Sometimes defective products cause injuries. Product defects can occur during the product’s construction. Although properly designed, the product differs from the intended design. In these cases, the manufacturer may be liable for damages.
For example, an electric hair styler could catch fire because of improper wiring. A shipment of baby formula could be contaminated with bacteria during production. A chair could have been made with low-quality materials, causing it to collapse when sat upon.
Product Designers Could Be to Blame
Product designers could be liable if a product is problematic even before it undergoes construction. There are dangers “built in” to the product’s blueprint, and the designer failed to recognize them.
Examples of design flaws include:
- A bookshelf or chest of drawers with a top-heavy design that causes the furniture to tip over.
- Toys made for young children that include small parts pose a choking hazard.
- A power saw designed with inadequate safety features, allowing fingers or hands to get too close to the blade.
An attorney can investigate the product’s design and compliance with regulations to determine if the designer can be sued in a product liability case.
Product Marketers Could Be At-Fault
Marketing defects occur when there are problems with how a product is sold to consumers. The product may lack adequate safety warnings or instructions. Marketers must ensure that a product is safe if used according to the directions provided. Inadequate warnings or instructions can lead to product misuse and resulting injuries.
Some cleaning products should only be used in well-ventilated spaces to avoid harmful inhalation. Many chemical products are poisonous and should never be ingested. The warnings and instructions must make these dangers clear. Product packaging also matters. A toxic chemical cleaner should not look like a juice bottle or other harmless, ingestible item.
Instructions for assembly-required products must be clear, so consumers can construct them safely. If a product requires safety equipment, ads or messages promoting that product’s use should reflect that requirement.
Suing Sellers for Product Liability
North Carolina’s product liability laws state you cannot bring an action against a seller “when the product was acquired and sold by the seller in a sealed container” or when the “seller was afforded no reasonable opportunity to inspect the product” and discover hazards.
Sellers can be sued in a product liability case if victims can show the seller mishandled the product, or for “an action for breach of warranty.”
Breach of Warranty
The Federal Trade Commission’s Businessperson’s Guide to Federal Warranty Law explains the information product warranties must include and establishes companies’ and sellers’ responsibilities for honoring warranties. An implied warranty comes with a product and ensures it meets basic standards.
Express warranties include promises made by the product company or seller. An express warranty can appear in writing or be given verbally.
For example, in an express warranty, a company may promise that a fire escape can safely support 400 pounds, but it then collapses under the weight of a single 200-pound person. A salesperson may offer assurances about a product’s safety or capabilities, only to have trusting consumers sustain injuries when those assurances prove false.
How to Pursue a Product Liability Case
No matter who can be sued in a product liability case, our team can handle all elements of your fight for justice. We have extensive experience navigating personal injury cases and can manage yours from start to finish.
First, we will investigate your situation to determine who holds liability and collect evidence of their negligence. Then we will assess your losses with extreme care, considering your current losses and future needs. We’ll send a letter demanding fair compensation to the at-fault party’s representatives.
The other side will likely open negotiations with a counteroffer, and we’ll continue exchanging arguments, evidence, and offers until arriving at a settlement agreement. If the other side refuses to engage reasonably, we’ll present you with your options. We can take the case to court if that is the best path to justice.
Compensation Available in Product Liability Claims
The types of damages in a personal injury lawsuit include economic and non-economic damages. Economic damages address your financial losses, such as medical costs, income loss, and other expenses.
Non-economic damages account for your physical and emotional suffering and reduced enjoyment of life. We will work to recover the highest amount possible for you.
We’ve Got the Answers and Solutions You Need
You may not know who can be sued in a product liability case. The team at Shane Smith Law can review your case for free and determine the answer.
Then we can manage all aspects of your case while you focus on recovery. We’re here for you, and we’re ready to fight for justice.
