Product liability means the liability of any or all parties along the chain of manufacture of any product for damage caused that was caused by that product. This includes the manufacturer of each component part, an assembling manufacturer, the wholesaler and the retail store owner.

Products containing inherent defects that cause harm to a consumer, or to someone to whom the product was loaned, given, etc., are the subjects of products liability suits. While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles such as gas, pets and real estate.

Product liability claims can be based on negligence, strict liability or breach of warranty of fitness depending on the jurisdiction within which the claim is based. There is no federal products liability law.

In any jurisdiction a claimant must first prove the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects and marketing defects.

• Design defects exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw.
• Manufacturing defects occur during the construction or production of the item - only some of the products of the same type are flawed in this case.
• Marketing Defects are improper instructions and/or any failure to warn consumers of present dangers in the product.

A lawsuit requires your attorney to demonstrate a design defect, a manufacturing defect or the manufacturer's failure to warn of likely injuries. North Carolina has some of the most stringent laws in the country regarding claims for products liability damages. The statute of repose allows just 6 years between the date the product was purchased or delivered and the date of injury. Additionally, North Carolina is a state that adheres to principles of contributory negligence, which means you cannot recover damages if you, in any capacity, contributed to your injuries.

Our attorneys are experienced in working for you in these challenging and complex cases. From our ability to assemble knowledgeable experts, to vigorous advocacy through trial, we will work towards your end to redress any wrongs you may have faced. Please contact us for a free consultation on your products liability claim.

Products you purchase from any retail store, wholesaler, supermarkets or even specialty outlets are manufactured with a guarantee that the purchased product is not defective.

The Dummit Law Firm can help assist you when a product causes personal injury or even damages to your property by assessing the damage done by the negligent or defective product and filing a claim against the manufacturer to hold them accountable for the injuries or damages incurred.