How do juries decide product liability cases?
Juries decide product liability cases based on the three types of product liability: negligence, breach of warranty, and strict liability. In North Carolina, a plaintiff must prove that the product was "unreasonably dangerous" in order to establish a claim against the manufacturer or seller. To decide if a product is unreasonably dangerous, a jury must consider several factors, including the nature of the product, the intended use of the product, and the foreseeable consumer’s knowledge of the product. Juries must also assess whether proper warnings or instructions should have accompanied the product to ensure its safe use. If the jury determines that the product did not meet the industry standards or was dangerous to use, they may find that the product was unreasonably dangerous and that the manufacturer or seller is liable for the injuries or damages caused by the product. In addition, juries will usually consider the amount of harm done by the product to the plaintiff. If the harm was severe and caused lasting damage, the jury may award the plaintiff with a large amount of money. On the other hand, if the harm was minimal, the jury may find that the manufacturer or seller is not liable, as they may find that the harm was caused by another factor. Finally, juries will also take into consideration how the plaintiff used the product. If the plaintiff used the product inappropriately, the jury may decide that the manufacturer or seller is not liable, as the plaintiff may be contributing to the injury or damage. Overall, juries decide product liability cases by thoroughly assessing the product, the harm done by the product, and how it was used. Therefore, it is important for plaintiffs to provide detailed evidence to prove how the product was unreasonably dangerous, and why the manufacturer or seller should be liable.
Related FAQs
What is the legal standard for determining if a product is “unreasonably dangerous”?What is the legal standard for determining whether a product is dangerous or defective?
How do juries decide product liability cases?
Are products with “open and obvious” defects liable?
How does product liability law apply to products that are used for commercial purposes?
What is a “failure to warn” claim?
Does a product’s age affect its liability status?
What is the difference between a manufacturer’s warranty and product liability law?
How does a plaintiff establish the “breach of warranty” in a product liability case?
What is a “market withdrawal”?
Related Blog Posts
Understanding the Basics of Products Liability Law - July 31, 2023What is a Breach of Warranty? - August 7, 2023
What is Strict Liability in Products Liability Law? - August 14, 2023
How Can You Establish a Products Liability Claim? - August 21, 2023
Common Defenses in Products Liability Cases - August 28, 2023