Some designers and manufacturers cut corners. Most electronics, pharmaceutical, toy, automotive and food companies are forced to create products that are quick and inexpensive to replicate and market at a profit. They, because of this need, opt for a product that can be produced more cheaply than its safer counterpart. Some spend a mere six months testing a product that becomes highly toxic or dangers after seven months of use.
Manufacturers have a responsibility to deliver products that are safe when consumers use them according to package instructions. Almost every week,national newscasts feature stories of recalled cars, foods with salmonella contamination, recalled toys, recalled hip replacement implants, and so forth.
If you were injured by a defective product, you may be able to recover compensation from the product’s manufacturer, distributor, or retailer.
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.
If your loved one was killed by a defective product or defective machinery, we can help you pursue a wrongful death claim. The Law Office of Michael W. Patrick may be able to help you collect compensation for your injuries. For more than 25 years, attorney Michael W. Patrick has helped people with products liability cases in North Carolina.
A 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.
In each case, it is important that you keep the defective product, document your injuries with photographs and doctor's reports, and to record the names of witnesses.
We will ask the right questions, work with engineers to examine the product to determine the defect, and thoroughly investigate your case. Whether the defective product is a recreational vehicle or a complex medical device, we will work to help you collect compensation.
Our firm has handled numerous claims involving:
Defective medical devices, including hip implants and medications
Chemicals with insufficient warning labels
Defective welds on a trailer
Faulty seals on gas tanks
Defective wiring in appliances
Defective seat belts, tires, and airbags in a car
Defective products can cause serious injury that may be disabling or deadly, such as burns, disfigurement, or loss of limb.
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.
Attorney Michael Patrick has a depth of experience in liability cases. Below are some of the types of products liability cases handled by his office.
Asbestos toxic exposures
Styrene toxic exposures
Machine press injuries
Machine forge injuries
Hip implants, including Depuy or Johnson & Johnson hip implants
Tree or deer stand failures
Segway personal transporters
Exploding gasoline cans
Clothes dryer fires
Automobile and vehicle defects
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. You have a right to recovery. Let Michael Patrick help you put your life back on track.