What are the elements of a negligence claim in product liability law?

In North Carolina, a negligence claim in product liability law requires four elements for a successful legal action. First, the plaintiff must prove that the defendant—the manufacturer, wholesaler, or retailer—had a duty to make the product safe to use for its intended purpose. Second, the plaintiff must demonstrate that the defendant breached this duty through an action or failure to act. Third, the plaintiff must show that the breach of duty caused injury to the plaintiff. Lastly, the plaintiff must establish that the injury resulted in damages. These elements must be established in order for the plaintiff to receive compensation for damages. Generally, the defendant will attempt to establish that the product is not to blame by asserting that the plaintiff misused the product, the product was not intended for the purpose for which it was used, or other factors mitigated the company’s liability. If successful, the defendant may be relieved of liability in the case. If the plaintiff can prove that the defendant acted negligently, then the plaintiff may be able to recover damages in the form of medical expenses, pain and suffering, lost wages, property damage, and more. For a product liability claim to be successful, the plaintiff must meet the four elements of negligence listed above.

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What are the elements of a negligence claim in product liability law?

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