Introduction to NC Products Liability Lawyer - Mr. Patrick
Products liability is a special focus of practice at the Law Office of Michael W. Patrick. Mr. Patrick has had an active practice in this area for more than 30 years. For more detailed discussion of the law in this practice area please see our special focus on the products liability page.
What is Products Liability Law?
Products liability Attorney law is based on the responsibility of a manufacturer or other provider of goods to compensate users and consumers for injuries caused by defective or dangerous products.
The idea is that the product's manufacturers and designers are in the best position to prevent defective products from entering the marketplace, and if they fail to do so, they should be held accountable. This area of law has evolved from the days of caveat emptor (let the buyer beware) to (in some instances) strict liability, in which manufacturers are legally responsible for injuries caused by their defective, unreasonably dangerous, or improperly labeled products.
In a products liability action, the injured person, or plaintiff, must prove the product had a design or manufacturing defect or that the manufacturer did not adequately warn consumers about the product's possible dangers; that the product caused the injuries; and that he or she was using the product in the way it was intended to be used, or that the manufacturer should have anticipated that the product would be misused in the way that it was.
Manufacturing defects are usually easier to prove than design defects. If a particular homeowner's furnace explodes when first lit, for example, it is likely that the furnace was not manufactured as the designer intended. If many or all furnaces of one manufacturer's particular model exploded, it is likely that the furnace was poorly designed. In other words, the product was manufactured correctly, but the design was bad.
It usually takes expert testimony to prove a design or manufacturing defect. Proving causation in a products liability case gets complicated. The plaintiff must establish that the product was defective when purchased and that it caused the accident that led to the injuries. If the injuries could have arisen from several causes, such as poor maintenance as well as a product defect, the plaintiff must establish that the product defect had a substantial role in his or her injuries.
Type of products liability cases handled by Law Office of Michael W. Patrick
- Job or work injuries
- Asbestos toxic exposures
- Styrene toxic exposures
- Machine press injuries
- Machine forge injuries
- Medical devices
- Shoulder implants
- Hip implants, including Depuy or Johnson & Johnson hip implants
- Pain pumps
- Drugs
- Gadolinium
- Vioxx
- Exploding gasoline cans
- Clothes dryer fires
- Recreational equipment
- Tree or deer stand failures
- Segway personal transporters
- Automobile and vehicle defects
Conclusion
If you have suffered injury or damages as a result of a product defect, you may be able to make a claim against the manufacturer or seller. When seeking an attorney to represent you in connection with such a claim, be sure to investigate his or her background in products liability or construction law.
Ask questions about his or her training and experience so that you can make an informed decision about whether this is the right person to zealously represent your interests against a big company.
