What are the elements of a successful products liability claim?

In order for a plaintiff to bring a successful products liability claim in North Carolina, they must prove four elements. First, the plaintiff must show that the product is defective. This means that it is not reasonably fit for its intended purpose or is unreasonably dangerous to use. Second, the plaintiff must prove that the defect existed at the time the product left the defendant’s control and that it was the defect that caused the plaintiff’s injuries. Third, they must prove that the product was used in a reasonably anticipated way. Fourth, the plaintiff must also prove that their injuries are the result of the defective product. For a product to be considered defective, there must be a manufacturing, design, or warning defect. A manufacturing defect means that the product was not made to the manufacturer’s specifications, whereas a design defect means that the product was made to the manufacturer’s specifications but was not reasonably safe. Lastly, a warning defect refers to the lack of adequate instructions or warnings about potential dangers associated with using the product. If the plaintiff is able to prove all of these elements, then they may have a successful products liability claim. To ensure the best chance at success, it is important to have the assistance of an experienced products liability lawyer. A lawyer can help the plaintiff to identify the applicable laws, build a strong case, and negotiate with the defendant.

Related FAQs

What is a “market withdrawal”?
How does a plaintiff prove causation in a product liability case?
What type of claims can be brought by a consumer against a manufacturer?
How is a company’s financial responsibility determined in a product liability case?
Who is responsible for product recalls?
What factors do courts consider when determining whether a product is defective?
What happens when a product defect causes a person’s death?
Is a manufacturer liable for products they did not manufacture but only sold?
What is the legal standard for determining whether a product is dangerous or defective?
What is “implied warranty of merchantability”?

What are the elements of a successful products liability claim?

Related FAQs

Related Blog Posts