How does the law distinguish between product manufacturers and product distributors?
In North Carolina, product manufacturers and product distributors are held to different standards of liability under products liability law. Generally, a product manufacturer is the entity that created the product and is responsible for ensuring its safety for public use. In contrast, a product distributor is the entity that distributes the product to the public. Manufacturers are held to a strict liability standard under products liability law. This means that they are liable for any defect in the product that causes an injury to the consumer, regardless of the manufacturer’s fault or negligence. Distributors, on the other hand, are not liable for a product’s defects unless they had knowledge of the defect prior to the injury and still distributed the product. Ordinarily, North Carolina courts apply a negligence standard to distributors. This means that a distributor may be liable for a product’s defect if they failed to exercise reasonable care in the distribution of the product. Distributors are also liable for failing to warn consumers of known risks or dangers associated with a product. Ultimately, the difference between product manufacturers and product distributors in North Carolina can be summed up in one word: knowledge. Manufacturers have a duty to know and test products for consumer safety, while distributors must exercise reasonable care in their distribution of the product. Any failure to do so may result in legal liability.
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