When a consumer sustains any type of injury from a product they believe is safe, various parties could be held financially responsible. Manufacturers are supposed to warn users of potential hazards that can result in an injury or fatality. If there’s an issue, they’re supposed to fix it or provide a warning label, so people know how to use the product without hurting themselves.
Unfortunately, some companies prioritize making money over safety, and they fail to warn consumers of – or even hide – the dangers of their products. In fact, anyone in the distribution chain could be at fault for a consumer getting hurt or developing a medical condition, from the manufacturer to the wholesaler to the retailer.
Our Charlotte product liability lawyers at DeMayo Law Offices are ready to fight for your rights and pursue the compensation you deserve. We have represented nearly 100,000 clients since attorney Michael A. DeMayo founded our law office in 1992, and we’ve established a strong track record of successful verdicts and settlements.
If you want to learn more about filing a claim or lawsuit, call us at (704) 333-1000 today to schedule a free consultation.
There are three major categories of defects that can exist in a manufacturer’s product. Depending on the type of defect that caused your injury, you might qualify for a claim or lawsuit against the manufacturer, distributor, or wholesaler.
A defect in a product’s design occurs when there’s a flaw in the original design that creates a hazard for consumers. When an insurance adjuster or jury in a court case reviews the details of the defective product’s design, they will ask three important questions:
This type of defect is the result of an error during the manufacturing process. If someone manufacturers the product and there’s some sort of damage or defect, they should be aware of it and prevent it from going to market. You could pursue a monetary award if the defect was present when the product left the factory.
Manufacturers are supposed to provide adequate warning labels that list the potential risks of using their products and how consumers can avoid an injury. The label should be easy to read and provide detailed explanations of the potential hazards and safety procedures to follow. According to the American National Standards Institute, manufacturers should use warning labels on their products that do the following:
You can base your product liability case on one of the theories below.
If you base your case on negligence, you’ll have to prove that your injury was the result of the product’s design or manufacturing methods. To show that, there should be evidence that the following elements existed when you sustained an injury:
During product development, negligence can occur from any of the following:
There are two warranties all users rely on when they buy a product: express warranty and implied warranty. A breach of warranty is basically a breach of contract. It happens when a manufacturer fails to provide necessary assurances about their product.
Depending on the circumstances surrounding your injury, you could potentially seek compensation from a liable party, such as the manufacturer, retailer, or wholesaler. When you hire DeMayo Law Offices, our Charlotte product liability lawyers will review the details of the case to determine who was at fault for your injury.
If you suffered physical, emotional, or financial harm because of an unsafe product, you’re entitled to recover a settlement from the negligent party. Whether you pursue a case against the manufacturer, wholesaler, or retailer, you could potentially receive compensation for compensatory damages. There are two categories of compensatory damages: economic (expenses) and non-economic (intangible losses).
Economic damages may include:
Non-economic damages may include:
When you hire DeMayo Law Offices, and our Charlotte product liability lawyers, we will take care of every legal aspect of your case, including:
The following are types of products commonly found to be defective or harmful to consumers:
If you think you might need to file a claim or lawsuit against the product manufacturer or another party for the harm it caused, you should take these steps immediately:
Relevant evidence is crucial in any product liability case. If you don’t have evidence showing your injury was the direct result of the product and its defect, it will be challenging to convince an insurance company or jury that you deserve compensation.
Every state has statutes of limitations regarding accidents and injuries. In North Carolina, the statute of limitations for a product liability case is three years. This statute is a strict deadline for you to file a lawsuit against the negligent party for their actions that led to your injury.
The “clock” starts ticking on the date you incurred the injury. If three years pass and you haven’t filed suit with the civil courts, you’ll lose your right to any financial award for this specific situation. That’s why knowing what the statute of limitations is before beginning your case is essential. It takes time to gather evidence, build a case, and secure compensation, so it’s important to contact DeMayo Law Offices as soon as you can.
If you or a loved one sustained an injury from a dangerous product, you should contact our Charlotte personal injury law firm immediately. You can depend on us to handle your case efficiently and help you move forward with your life.
You’re going through a traumatic experience. You might be in severe pain and can’t take care of your family or return to your job. You’re missing out on daily life events you used to enjoy before the injury. We will provide emotional support and legal services you need to recover.
Call us at (704) 333-1000 today, and we’ll schedule a free initial consultation. There’s no risk to speak with us about your case. We also take cases on contingency, so you don’t have to pay us upfront fees or costs.