What types of proof are required to establish a product liability claim?
In order to establish a product liability claim in North Carolina, the claimant must have proof to show that the product was defective. This could include evidence that the product did not perform as expected due to a flaw or defect, either known by the manufacturer or unknown. Additionally, the claimant must have proof that the defect caused harm to the claimant. This requires proof that the defect exists, that it is the cause of the harm, and that the product is the source of the defect. For some product liability claims, the claimant must also show that the product was used in a foreseeable way or that the product was unreasonably dangerous. This involves showing that the manufacturer should have foreseen the potential misuses of the product or that there were certain inherent risks associated with its use. Finally, the claimant may need to show that the defect led to specific damages. These damages can be direct or consequential. Direct damages are the immediate consequences of the defect, while consequential damages are those damages that may arise further down the road from the defect. The proof required to establish a product liability claim in North Carolina can vary from case to case. Depending on the circumstances, the claimant may need to provide some combination of documents, photographs, expert testimony, and other types of evidence. Each case is unique and requires different types of proof, so it is important for a claimant to contact a knowledgeable attorney to discuss their particular case and the evidence needed to prove their claim.
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