How does a court determine liability for a defective product?

When a court is determining liability for a defective product in North Carolina, they must consider two factors: negligence and strict liability. Under the rule of negligence, the plaintiff must prove that the defendant had a duty of care to ensure that the product was not defective, and that the defendant failed to meet this duty and caused the plaintiff harm. The elements of the plaintiff’s case include a duty of care, a breach of that duty, causation, and damages suffered by the plaintiff. Under the rule of strict liability, the plaintiff need not prove negligence but must prove that the product was indeed defective. The plaintiff must also prove that they were using the product in the manner it was intended. In this case, the plaintiff must prove that the product had an inherent defect that rendered it unsafe, and that the plaintiff was not responsible for the defect. The court must also consider the economic loss rule, which state that there can be no recovery for economic losses such as lost profits due to a defective product. This means that the court is unable to award a plaintiff damages resulting from the defendant’s failure to manufacture a product that would meet the market demand. This rule helps protect businesses from potential large sums of damages. In the end, the court must decide whether the defendant is liable for the injury and/or damages caused by the defective product. When a court determines liability, it is usually based on the facts and evidence that have been presented in court. Ultimately, it is up to the court to decide who is at fault and if they should be held liable for damages.

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How does a court determine liability for a defective product?

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