What is a “strict products liability” claim?
Strict products liability is a type of product liability claim that holds a manufacturer responsible for injuries caused by a product if the injured party can demonstrate that the product was defective. In North Carolina, a plaintiff can make a strict products liability claim if they can prove the product was defective, either because it was made with an inadequate design or because of a manufacturing defect. In addition, they must also show that the defect caused the injury and that they did not modify or alter the product before the injury. The law of strict products liability assumes that manufacturers have a duty to make safe products and to warn users of any potential risks. As such, a manufacturer can be found liable for an injury even if the manufacturer acted reasonably and the product had no actual defects. This means that the injured party does not need to demonstrate that the manufacturer was negligent, only that the product itself was defective. In North Carolina, a strict products liability claim must be brought within three years of the injury or when the injury should have reasonably been discovered. The statute of limitations in strict products liability cases can vary from state to state, so it is important to consult an experienced attorney specializing in product liability to ensure compliance with the relevant laws.
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