Understanding product liability in Charlotte NC
Product liability laws will vary from state to state, and Charlotte, NC is not different, but the common premise is that companies are obligated to protect consumers from potential hazards that are caused by, or related to their product(s). Surprisingly, companies can be held liable even in cases where the consumer is negligent or even deliberately misuses the product. It has long been accepted that product manufacturers have an innate knowledge about their product, so it is their responsibility to assume legal and financial responsibility for injuries and property damage that is caused by use related to the product.
Product liability cases are generally classified in three separate categories. The first classification is a design flaw. The manufacturer is required to design a product that is safe. If they build a product that has something inherently dangerous about the design; when someone or something is injured, a personal injury lawyer will have to prove exactly that. They will also need to prove that the company was aware of the problem, yet did nothing to correct it. Product liability lawsuits that claim design defects are tremendously difficult to prove, because many companies spend years testing their designs before releasing the product to the public.
The next classification is a manufacturing liability. The design of the product may be acceptable, but the manufacturing process may have erred or omitted critical steps in the manufacturing process. Most product liability lawsuits focus on the actual defects that are caused by poor manufacturing practices or a lack of quality control. The personal injury lawyer will need to provide testimony from witnesses who are experts on the proper way to build a product. The attorney will also need to prove that the manufacture of the defective product is significantly lower than industry standards. A great number of product liability cases are won because of faulty manufacturing procedures.
The third line of reasoning in a product liability case is when the manufacturer “fails to warn.” Every company has an obligation to warn consumers about any hazards and dangers associated with the use of their products. The most common solution is for the company to place a warning label in a conspicuous area on the product packaging, or in accompanying instructions. In fact, you will find it extremely difficult to buy products that do not have some type of warning about its use, no matter how obvious the warning may seem.
An experienced law firm for product liability in Charlotte, NC
Not only will a Charlotte personal injury lawyer intervene when products are lacking and defective. When an individual purchases a product from a manufacturer or a seller, the natural and legal anticipation is that the product is able to provide the service that is promised. This means that businesses that make false or exaggerated claims about their product can be held accountable for those claims. In such cases, consumers are able to sue the seller for breach of warranty.
If you are looking for a personal injury lawyer with substantial experience with various types of product liability cases, consider the attorneys at The Olive Law Firm. They are skilled and qualified attorneys who have handled cases involving defective products, medical devices, and automotive parts. If you or someone in your family has been injured by a defective product, or if someone you love has died because of use of a defective or dangerous product, you should speak with an Olive Law Firm product liability attorney right away.