What type of claims can be brought by a consumer against a manufacturer?

In North Carolina, a consumer can bring several types of claims against a manufacturer under the law of products liability. First, a consumer may bring a claim for negligence. This type of claim holds the manufacturer responsible for any foreseeable damages caused by their product when the manufacturer failed to use reasonable care in designing, manufacturing, or labeling the product. For example, if a consumer is injured by a motion-activated door because the manufacturer failed to adequately warn them of the potential danger, they could bring a negligence claim. Second, a consumer may bring a claim for breach of warranty. This type of claim holds the manufacturer responsible for any defects or nonconformities in the product from what the consumer was led to expect based on any advertisement, label, or other representation given out by the manufacturer. For example, if a consumer purchases a product based on a manufacturer’s promise that it will last five years, but the product breaks after two years, they may bring a breach of warranty claim. Third, a consumer may bring a claim for strict liability. This type of claim holds the manufacturer responsible for any product defects that cause injury or loss regardless of whether the manufacturer was negligent or not. For example, if a consumer is injured when a defect in a product causes it to explode, they may bring a strict liability claim. Each type of products liability claim can enable a consumer to recover damages suffered due to the product’s defect or the manufacturer’s failure to exercise reasonable care. These damages may include medical bills, lost wages, pain and suffering, or any other losses resulting from the product’s defect.

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