When people buy consumer products, they expect to use them throughout their daily lives and rightfully expect that those products will be safe and effective. Unfortunately, some products are defective and fail to perform their intended function, and some products actually harm the consumer or the consumer’s property.
Product manufacturers often know about the defects in their products before they are sold. In the majority of cases, they are aware of potential dangers long before any injuries occur.
According to the National Safety Council, in 2021, 11.7 million people were treated in emergency departments for injuries resulting from consumer products. Most of these injuries involved everyday products often assumed to be safe, with many of these injuries occurring to our most vulnerable populations of older adults and young children.
Many products are dangerous enough to cause serious and long-term harm to consumers and their families. The companies responsible for distributing defective products into the public commerce stream must be held accountable for the harm caused by these products.
If you or someone you love has been injured while using a defective product, the North Carolina defective products lawyers at Tatum & Atkinson: The Heavy Hitters will inform you about any potential claims that you are entitled to file. We will help you through the process of seeking compensation for all damages that you are owed for the harm you have suffered.
Filing a Claim With a North Carolina Defective Products Attorney
If you have been injured by a defective product, a defective products attorney from Tatum & Atkinson will discuss your eligibility to file a claim for damages during your free consultation. The attorney will have to provide an expert’s testimony in order to prove that the product was defective and that the defect is what caused your injury.
The defective products attorneys at Tatum & Atkinson fight aggressively to ensure you receive all the compensation that you are legally entitled to receive. In order to file a product liability claim in North Carolina, the following elements must be proven:
- You were using the product as it was intended to be used by the developers, and you used it in a reasonably careful manner.
- The product was poorly designed, defective, dangerous, or did not adequately display warning labels.
- You suffered a provable injury.
- The product’s defect caused your harm or injury.
Types Product Defects
According to the U.S. Legal Definitions, a defective product is an imperfection in a product that has a manufacturing or design defect or is faulty because of inadequate instructions or warnings. A product is in a defective condition if it is unreasonably dangerous to the user or to the consumer who purchases the product and causes physical harm.
There are essentially three types of defects that will potentially result in product liability claims. These three types of defects are as follows:
- Design
- Manufacturing
- Marketing
Design
A design defect is a problem in the product’s design or blueprint that causes it to be unsafe. For example, a ladder that has poorly designed rungs that will buckle under a person’s weight if they use it at a certain angle, or the hinges are made of a weak material that only allows the ladder to be opened and closed so many times before breaking.
These defects should be caught in product testing. When the designer knows about the defects, they weigh their options if either fixing the problem or ignoring it and hoping that the consumer will not cause the product to fail by using it in a way that makes the defects apparent.
Manufacturing
Defects also occur during the manufacturing process. The design of the product is appropriate in this case, but an error has occurred that rendered the product dangerous.
An example of a common manufacturing defect is an improperly cured tire. When a tire has not cured correctly during the manufacturing process, the consequential defect may cause the tire tread to separate, and the consumer will experience a loss of control as a result.
Marketing
Products need to be marketed for their specific purpose and should disclose warnings of the potential dangers involved with the expected and reasonable use of the product.
For example, a stroller that was designed for a doll should not be used for a child. The stroller should be advertised as being for dolls, should display warnings against using it for children, and should include the maximum weight allowance.
What Are Some Products That Commonly Have Defects?
Any product has the potential to be defective, but there are some that seem to cause more problems than others. The most common products seen in defective product liability cases include the following items:
- Household Appliances – Many household appliances present a significant threat to consumers when they are defective, although the majority of household appliances are used every day without a second thought in regard to their safety. Items such as toasters, stoves, ovens, pressure cookers, microwaves, and air fryers are all potential fire hazards. They can also cause severe burns and other serious injuries. Refrigerators are extremely heavy and can crush someone if it is designed in a defective way that allows them to topple.
- Children’s Products – Children’s toys often contain small parts and paint that can cause significant injuries when defective. Clothing and other items are also often recalled because of defects that may cause choking, strangulation, skin irritation, lacerations, and other harm.
- Automotive Parts – Motor vehicles are complex machines that contain many components. These parts often have to endure extreme temperatures and stress. Even minor defects can result in devastating injuries. Common defective automotive parts include tires, airbags, brakes, electrical components, and more.
- Medicine and Food – Medicines and food products are usually mass-produced and transported over long distances. There is a significant risk of cross-contamination and exposure to incorrect temperatures that may lead to dangerous contamination. These products are the most common items to contain harmful defects that lead to injuries.
How Long After My Injury Can I File a Claim for Damages?
The statute of limitations in North Carolina for defective product liability is two years. This means that you have two years from the date of your injury to file a claim to receive compensation for the harm you have suffered from a defective product anywhere in North Carolina.
If you wait longer than two years, you will not be able to recover damages and, therefore, will not be able to file a claim. Your defective product attorney will help you build your case and get you through the filing process, but you should call them right away at (800) LAW-0804 to get started.
Can I File a Negligence Claim for a Defective Product?
A victim is sometimes able to pursue negligence claims against the seller, designer, or manufacturer of the product in addition to the liability claims. Negligence claims are more challenging than liability claims when it comes to recovering damages.
In order to prove negligence, you and your defective products attorney will have to prove each of the following elements:
- The seller or manufacturer had a duty to sell or produce a safe product.
- The seller or manufacturer failed to meet their duty of a safe product.
- The product’s defect caused your injuries.
- You must have suffered an actual injury or damage from the product’s defect.
What Can I Recover When I File for Damages Caused by a Defective Product?
As long as you are able to prove that you or someone you love has suffered harm as a direct result of using a defective product through no fault of your own, you are legally entitled to receive compensation for the damages you have suffered. Some of these damages include the following:
- Medical Expenses
- Lost Wages
- Estimated Loss of Future Earnings
- Rehabilitation Costs
- Prescription Medication
- Pain and Suffering
- Property Damage
- Wrongful Death
Medical Expenses
You will be fully compensated for all accumulated medical bills along with future medical expenses that you may receive to treat any defective product-related injuries. Be sure to get medical attention as soon as possible after your injury so that you will have documentation linking your injuries to the accident.
Medical expenses are often the most extensive claim and include:
- Transportation by ambulance
- Emergency department care
- Diagnostic imaging and diagnosis by the radiologist
- Labwork
- Evaluation and treatment by doctors and specialists
- Hospital stays
- Surgeries
- Prescription medication
- Physical therapy
- Rehabilitation
- Specialized equipment you now require, such as casting materials, a wheelchair, monitoring devices, etc.
Lost Wages
The time you spend unable to work while recovering from your injuries is time that you are not earning your regular income. You may be using up your allotted sick time or disability, but these often pay a reduced rate and might not last long enough for your recovery.
You may lose your job entirely. You should be compensated for these financial losses.
Estimated Loss of Future Earnings
If you have to work at a reduced capacity due to injuries caused by the defective product, you can claim your loss of future earnings.
Rehabilitation Costs
Depending on the nature of your injuries, there is a strong possibility that you will require some type of rehabilitation. Physical therapy, chiropractic care, pain management, and psychotherapy are some examples of rehabilitation.
Prescription Medication
The cost of medicines that your doctors prescribe for you because of your injuries sustained from the defective product will be reimbursed. This amount includes the cost of medication you will be required to take long-term as long as it directly results from the defective product.
Pain and Suffering
You are also able to claim compensation for non-economic damages. Common injuries, such as brain and spinal damage, are debilitating and permanent.
Some injuries bring permanent scars and humiliation to the victim. Harm to the victim’s quality of life must be paid for by the defendant.
Harm would include anything the victims can no longer do, such as running, walking, playing with their children, picking up or holding their children, supporting their spouse, or caring for themselves independently. All pain, the reduction of your enjoyment of life, and emotional distress will receive a value for your compensation.
Property Damage
Any of your property that was damaged by the defective product will be added up for the cost of repair, replacement, or any reduction in value.
Wrongful Death
The family of victims who were killed by the defective product can file a claim for wrongful death. If convicted, the defendant will have to pay monetary compensation to the family or dependents.
Do not forget that the statute of limitations for wrongful death claims states that they must be filed within two years of the victim’s death.
Contact the Heavy Hitters: Your North Carolina Defective Products Law Firm
The defective product lawyers at Tatum & Atkinson: The Heavy Hitters are experienced and will help you determine an accurate assessment of the damages you have suffered.
Defective products have the potential to affect many aspects of your life, including your finances. Medical bills and rehabilitation are expensive, and you should not have to worry about being able to afford your treatment, medications, special equipment, or other care that you need as a result of a defective product.
Our lawyers will make sure your compensation is enough to cover everything you need.
You should not have to fight for what you are legally entitled to receive, especially while you are in recovery. The defective products attorneys at Tatum & Atkinson are aggressive and will not stop fighting on your behalf until you recover everything that is rightfully yours.
If you or your loved one has suffered from the effects of a defective product or if your loved one has died, you should have all the support you can get. For a free consultation about your case, call (800) LAW-0804 today to get your process started.
When we take your case, we won’t charge you anything until we win or settle it for you.
