Product Liability

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Raleigh Product Liability Attorneys

Injured By a Defective Product? Call Our North Carolina Trial Lawyers

Manufacturers, distributors, and retailers who make defective products available to the public put the lives of innocent consumers at risk. When unsafe products cause harm, victims can explore their rights for taking legal action with the help of Edwards Kirby.

With a track record that includes the largest product liability verdict in North Carolina history, our firm knows how to help victims prevail in their fight against powerful corporations and insurance companies that care more about profits than people.

If you believe an accident that harmed you or your loved one may have resulted from a defective product, Edwards Kirby is available to discuss what happened and evaluate the potential merits of your claim. We offer FREE and confidential consultations, and proudly serve victims across North Carolina.

Why Choose Edwards Kirby?

  • Hundreds of Millions & Verdicts & Settlements Recovered for Clients
  • Record Results – Including North Carolina’s Largest Defective Product Verdict
  • Nationally Recognized Trial Attorneys With Over 170 Years of Combined Experience
  • Small Case Loads & Personal Attention Backed By Big Firm Resources

Request a FREE case evaluation by calling (919) 335-7005 or contacting us online.

What Is Product Liability?

Whether you have a product liability claim will depend on the facts and circumstances surrounding your accident. Generally, product makers (including manufactures, distributors, and retailers):

  1. Have a duty to use reasonable care to ensure the safety of their products before they release them to the market; and
  2. Can be held liable (financially responsible) for damages their products cause consumers who use them as intended.

Although every case is different, there are some common types of product liability cases. These typically involve products which cause injuries or death due to:

  • Design Defects: A defective design can make products dangerous before they are ever produced. Examples include failures to correctly engineer load-bearing structures, dresser drawers that don’t have wall anchors to reduce risks of tip-overs, or critical flaws in the design of auto parts that make them more likely to fail or malfunction while a vehicle is moving.
  • Manufacturing Defects: Manufacturing defects may involve the use of poor quality materials, poor workmanship, negligent quality control, and other problematic issues during the manufacturing phase that make products dangerous.
  • Marketing Defects: Claims of marketing defects may allege that manufacturers failed to provide adequate warnings about foreseeable risks when a product is used as intended, or failed to provide adequate instructions about using the product, among other claims.

Per the North Carolina Product Liability Act (Gen. Stat. § 99B), state law requires plaintiffs to prove negligence in order to establish liability in product liability claims, or base their claim on breach of contract or warranty. While every case is different, this may involve showing that:

  • The Defendant failed to use a safer alternative design when doing so was reasonable and feasible, and would have significantly reduced risks of harm without hindering the use or desirability of a product.
  • The Defendant was negligent in designing, producing, inspecting, or distributing a product.
  • A Defendant knew or should have known about an unreasonably dangerous condition with their product, and the risks of foreseeable harm associated with a lack of adequate warnings.
  • A victim suffered injury when using a product which failed to perform as intended, whether implied or expressly stated.

Investigating Your Product Liability Claim

While proving that a product is defective may be more straightforward in some cases, such as those involving products which have been the subject of research studies and / or recalls, it can be difficult in others. This is true when injuries or illnesses have not yet been reported or associated with products.

In any situation, it becomes vital for victims to work with experienced and resourceful attorneys who can handle the necessary leg-work required of these cases. At Edwards Kirby, some of the actions we take in defective product cases include:

  • Preserving the defective product in question as soon as possible, and ensuring it is preserved safely and correctly so as not to raise chain of custody issues.
  • Investigating the surrounding circumstances of your accident and injury, and determining how the product may be to blame.
  • Working with experts who can provide testimony regarding the safety and function of certain products, and / or the nature, severity, and financial repercussions associated with your injuries.
  • Communicating with Defendants and insurance carriers to exchange evidence and information (a process called discovery).

Our attorneys prepare each case as if it were going to trial, and work to obtain resolutions that account for the needs of our clients. Our preparation gives us leverage in negotiating fair out-of-court settlement offers, and our reputation as proven trial attorneys lets the opposition know they’re in for a fight should they refuse to make a fair offer, or choose to litigate.

Product Liability Cases We Handle

Product liability applies to a wide range of consumer products, equipment, and substances – from household goods and auto parts to medical devices and medications. Our firm has the experience to handle a range of product claims, and represents victims and families who’ve suffered the most severe losses, including life-altering catastrophic injuries and wrongful death.

Examples of defective product cases we handle, among others, include:

  • Defective tires, including tread loss and blowouts
  • Poorly designed child car safety seats, airbags, and other auto safety components
  • Industrial equipment, machinery, and tools
  • Children’s toys
  • Swimming pools and swimming pool equipment
  • Recreational equipment, such as sporting goods, camp stoves, or propane grills
  • Recreational motor vehicles, including ROVs and ATVs
  • Medical devices, medications, and medical equipment
  • Toxic substances

In establishing liability against the manufacturer or distributor of a dangerous or defective product, we use engineering experts and carefully examine the circumstances of the accident to determine whether there is fault involving the design, the manufacturer, or the instructions for the product. In some cases, liability will turn on the adequacy of product warnings and instructions for safe use.

Whatever your case may involve, bringing your case to the attention of an attorney as soon as possible is important. Not only will doing so help commence a prompt investigation, it can also ensure you file any lawsuit within the statute of limitations.

In North Carolina, the statute of limitations in product liability cases is generally 3 years from the date of injury, and within 12 years of the product’s initial purchase.

Call For a FREE Case Evaluation: (919) 335-7005

Edwards Kirby won the largest product liability verdict in North Carolina history when our attorneys recovered a $25 million jury award on behalf of a young girl who suffered devastating injuries from a hazardous swimming pool drain. Since then, we have continued to win compensation, by settlement or trial, for victims of dangerous, defective, or poorly designed products.

If you have questions about a potential defective product case, our Raleigh lawyers are here to help. Contact us to request a FREE Consultation.

We’re Here to Help

Call (919) 335-7005 or fill out our online form to request a free consultation. You won’t pay unless we win!

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