What are the different types of product liability actions?

Product liability actions refer to lawsuits when individuals are injured as a result of a defective or unreasonably dangerous product. North Carolina law recognizes different types of product liability actions that an injured person can pursue. The most common type is a negligence claim. This type of claim establishes that the manufacturer or seller of a product failed to act as a reasonably prudent person would, and that failure contributed to the plaintiff’s injury. A strict liability action is similar to a negligence claim, but does not require the plaintiff to establish that the manufacturer or seller was negligent. Instead, the plaintiff has to prove that the product was defective and that the defect was the cause of the injury. In North Carolina, a manufacturer can also be liable for an express warranty violation. This occurs when a manufacturer explicitly states that a certain feature or result will be achieved, such as a certain product lasting a certain length of time. If the product does not live up to that warranty, the manufacturer can be liable. Finally, a breach of implied warranty of merchantability can give rise to a product liability action. This type of warranty is implied by law and requires a product to be fit for its intended purpose and of average usability. If the product is not of average quality, the manufacturer can be liable for an implied warranty violation. These are the different types of product liability actions that can be pursued under North Carolina law. Each type of claim requires the plaintiff to prove certain elements, so seeking legal advice from an experienced attorney is recommended.

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What are the different types of product liability actions?

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