What are the elements of a product liability claim?

A product liability claim in North Carolina is a legal action taken against the manufacturer or seller of a product when it causes injury to the user. The elements needed to make a successful claim include: 1. The product was defective and unreasonably dangerous. The plaintiff must prove that the product was either manufactured in a defective way, designed with a flawed design, or that the product lacked sufficient instructions or warnings. 2. The product caused injury. In order to win a case, the plaintiff must prove that the product caused their injury. This usually involves medical records and expert testimony. 3. The plaintiff suffered an injury or loss. In addition to proving the product caused the injury, the plaintiff must also prove that their injury or loss is a direct result of the product. 4. The plaintiff was using the product as intended when the injury occurred. In order for a product liability claim to be successful, the plaintiff must prove that they used the product as intended, and that the injury occurred while using the product in the way it was designed or intended. These elements must all be met in order to win a product liability claim in North Carolina. If the plaintiff is successful, they may be able to collect damages for medical bills, lost earnings, and pain and suffering. It is important to consult with a qualified attorney to discuss the specifics of your case and what kind of compensation you may be entitled to.

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