Michael W. Patrick
How to Win a Defective Product Lawsuit
Manufacturers must be held accountable for injuries to consumers caused by defective products. If your safety, or the safety of someone you love, is put in jeopardy by a defective product, you have the right to pursue damages. But how do you go about it? What is the best strategy you can use to win a defective product lawsuit? In this blog post, I will use some of the knowledge I have gathered in over 30 years of civil litigation experience in North Carolina to answer these questions.
North Carolina Defective Product Laws
In many states around the country, laws regarding defective products apply what is known as “strict liability.” This means that the manufacturer is automatically held liable if their product causes an injury to a consumer. However, North Carolina laws are different. Here in our state, there are negligence conditions which must be met in order for a manufacturer to be held legally responsible for injuries caused by product defects. There are three categories under North Carolina law used to classify manufacturer liability in a case alleging defective products:
- Manufacturing Defect — A defect unknown and unintended by the manufacturer, such as a spontaneous product malfunction
- Design Defect — A defect that is the result of a design flaw, meaning the manufacturer designed the product in a faulty way
- Failure to Inform — A result of the manufacturer failing to correctly label a product or provide adequate instruction on the product’s use
Any of these three causes can result in a product injuring or causing harm to a consumer. If you have suffered harm due to what you believe to be a manufacturer’s defective product,it becomes your responsibility to prove that one of these scenarios took place and led to your injury. This is where retaining the services of an experienced defective products attorney can put you in the best position to win your case.
How to Seek Damages
Since you find yourself bearing the responsibility to prove negligence on the part of the manufacturer for their defective product, putting together an effective strategy is crucial. In order to prove the manufacturer is to blame for your injury, you must:
- Demonstrate the fact that you did not misuse the product
- Prove that you did not modify the manufacturer’s product in any way
- File your claim before the period of time outlined under the statute of limitation passes
Under the law, a claim for defective product causing your injury must be filed within three years of the date of your injury or loss. In many cases, the testimony of an expert witness is an effective tool to use to prove the failure or defect of a product.
If you are able to effectively demonstrate that your personal injury case meets all of the above criteria, you will put yourself in a strong position to receive compensation. Damages awarded in a successful lawsuit for a defective product can include financial compensation for medical bills, pain and suffering, and — in some cases — punitive damages.
How an Experienced Chapel Hill, NC Attorney Can Help You
When a consumer brings legal action against a manufacturer due to a defective product that caused personal injury, the manufacturer’s insurance company will work very hard to minimize the amount of money paid out in damages. That is why you need the skill of an accomplished personal injury attorney who knows all of the tactics they will try to use. Handling these situations on your own is not in your best interest. I will protect your rights and help you fight for fair compensation.
For over 30 years, I have been fighting on behalf of people in Chapel Hill, North Carolina, and the surrounding areas, to receive the compensation they deserve. If you have suffered a personal injury due to a manufacturer’s defective product, you need a proven defective products attorney on your side to help you with your case. Don’t make the mistake of trying to obtain compensation through insurance companies on your own. Put a professional on the case. Contact me at the Law Office of Michael Patrick in Chapel Hill today to schedule your consultation.