Product Liability Attorneys

First, contact DeMayo Law Offices. You’ll need to prove that the company, manufacturer, or seller is liable for what happened to you. There’s no North Carolina tort for strict liability, so negligence is the only doctrine you can use to pursue compensation in the state.

It depends. A company can’t be held liable if you operated the product incorrectly because you failed to read the instructions before using it. Talk to DeMayo Law Offices to find out if this applies to your injury. Unfortunately, under the North Carolina doctrine of contributory negligence, an injured victim can’t recover damages if they’re found even partially at fault for the incident.

In North Carolina, there is a three-year statute of limitations for personal injury claims. If you want to seek compensation for your injury, don’t wait too long. There is a 12-year statute of repose, which begins from the date the product was purchased. Our firm can guide you through these complicated time limits.

Typically, only the original purchaser, their family members, guests, or employees can sue a company or manufacturer for product liability.

In North Carolina especially, the law tends to favor the companies and manufacturers instead of consumers. The law surrounding product liability is delicate and requires someone with extensive knowledge to resolve a product liability case successfully.

A product used for its intended purpose is expected to work without causing any injuries. When the product is defective and causes injury, that can constitute grounds for a product liability claim.

A product liability claim can hold the manufacturer, retailer, distributor, or wholesaler liable for your defective product injuries. During your product liability claim, you can hold the other party responsible for negligence or breach of warranty.

When you use a product for its intended purpose, you don’t expect it to injure you. Many products come with a warranty that has either been expressed verbally to the consumer or has been provided in a written document.

If this warranty is breached – meaning that the product does not perform according to the purpose for which it was sold, there is a design or manufacturing defect, or a failure to adequately warn the user of possible risks – and you are injured, you may be able to file a breach of warranty product liability claim.

In some states, you may also be able to file a breach of warranty product liability claim if the warranty is implied. A breach of implied warranty occurs if a product injures you after using it for its intended purpose, and there are no other warranties for the product. Implied warranties are not applicable in all states; states have different rules and regulations regarding them.

If you would like to file a product liability claim, contact an experienced product liability law firm to determine if you can file a breach of warranty or breach of implied warranty product liability claim.

No. In the past, if you filed a product liability claim, you had to show that you established a relationship between yourself and the manufacturer, retailer, wholesaler, or distributor by purchasing the product.

If a defective product injures you, and you would like to file a product liability claim, you do not have to show that relationship. If a product you borrow from another person injures you, you may still be able to file a product liability claim.

A product liability negligence claim shows that the wholesaler, retailer, distributor, or manufacturer was negligent in providing you with a working product due to:

• Failure to Warn
• Design Defect
• Manufacturing Defect

A product liability negligence claim can be filed if the product that injured you was dangerous but had no warning, had a flaw or defect in the manufacturing process, or had a defect or flaw in the design of the product. Product liability negligence claims can be difficult to prove.