What is the liability of a seller for a defective product?
In North Carolina, the law of products liability holds sellers liable for any product that does not meet the ordinary expectations of the consumer. A seller is liable for any product that is defective, has a design or manufacturing flaw, fails to contain adequate instructions or warnings, or is not fit for its intended purpose. Under North Carolina law, a seller can be held liable if the product is dangerous or defective, regardless of whether the seller was aware of the defect or not. There are three main categories of liability for a seller in North Carolina: strict liability, negligence, and breach of warranty. Under strict liability, a seller is held liable regardless of fault. This means that even if the seller had no knowledge of the defect, he or she can still be held liable if the product is defective. Negligence is the failure to act with a reasonable level of care when manufacturing the product, or failure to warn consumers of potential dangers associated with the product. Breach of warranty is when a seller fails to live up to the promises of the warranty. This could include failing to adequately repair a defect or replace a defective product. In all situations involving defective products, it is important for the consumer to document any warnings or instructions provided by the seller, or any reasonable steps the consumer took to prevent an injury. This evidence can be used to help the court decide who is liable for the damages caused by the defective product.
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