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If a faulty car part, unsafe tool, dangerous household item, or other defective consumer product has injured you in Wilmington, you might have a legal claim against the company that made or sold the product.
At Poisson, Poisson & Bower, PLLC, our experienced personal injury attorneys know what it takes to build a strong claim in complex defective product cases. Contact us today for a free consultation to find out how we can help you move forward.
What Is Product Liability?
Product liability is a type of legal responsibility that arises when a company sells an unreasonably dangerous or defective product that causes someone to get hurt. The problem might come from how the company designed the product, how it was manufactured, or a lack of a warning about possible risks. If a product doesn’t work like it should or has a hidden danger, and that danger leads to injury, the injured person could have a product liability claim.
Common Types of Product Liability Cases We Handle in Wilmington
If a product hurts you instead of working the way it should, you could have a claim under North Carolina product liability law. At Poisson, Poisson & Bower, PLLC, our team can take on all different types of product liability cases, including those that involve:
- Defective car parts – Vehicle occupants can get hurt if, for example, a car’s brakes, tires, steering, or airbags don’t work correctly. If a part fails and causes a crash or injury, the car manufacturer or seller could be liable.
- Unsafe children’s toys – Toys with sharp edges, small parts that break off easily, toxic materials, or other hazards can harm children. Parents may be entitled to take legal action if their kids’ toys cause injuries.
- Harmful prescription drugs – Some medications carry risks that drug companies do not fully explain. If a patient suffers unexpected side effects or complications from a drug, the manufacturer could face legal claims for failing to give proper warnings.
- Faulty household appliances – Products like space heaters, microwaves, or power tools can cause fires, shocks, or other injuries if they do not work safely. A consumer injured by a defective household product could have a legal case against the maker or seller.
- Defective medical devices – If a medical device like a hip implant or surgical mesh fails and causes injuries, the patient might have a valid defective medical device claim.
Contaminated food products – If someone gets sick after eating food that contains bacteria, chemicals, or foreign objects, they might have a claim against the food company or distributor. - Lack of safety warnings – Some products work as designed but still carry serious risks. If manufacturers fail to include clear warnings or instructions, users could get hurt and might have grounds for legal claims.
What to Do After a Defective Product Injury
If a defective product injures you, you should take these steps right away to protect your health, support your claim, and make sure important evidence does not get lost:
- Get medical care right away, even if the injury initially seems minor.
- Keep the product in a safe place. Do not alter or fix it.
- Take photos of your injuries, the product, and anything else that shows what happened.
- Save the receipt, packaging, and instructions that came with the product.
- Write down what led to the injury while the details are still fresh in your mind.
- Avoid talking to the product maker or seller until you speak with a lawyer.
- Contact our Wilmington defective product attorneys who handle product liability cases to discuss your options in a free consultation.
The Legal Process for Product Liability Claims in NC
The legal process for a product liability claim in North Carolina starts when you meet with our attorneys to review your case. Our experienced personal injury lawyers will analyze the product, your injury, and how the injury happened. If the facts support a claim, our lawyers can send a demand letter to the company or file a lawsuit in court.
North Carolina law does not apply strict liability in product liability claims. Your lawsuit must establish negligence on the part of the responsible party. As part of your claim, you must show that the defective product caused your injury and that the manufacturer acted in a careless or unsafe way that caused the defect. In many cases, that requires collecting records, getting expert opinions, and reviewing how the company made or tested the product. Our attorneys might also need to question company employees or review internal documents.
During the case, both sides will likely negotiate in an effort to settle the claim without going to trial. However, if that doesn’t work, the case might go to court.
Damages You Could Recover in a Wilmington Product Liability Case
If you suffered an injury from a defective product, you could be entitled to compensation through a personal injury claim. North Carolina law allows you to claim money for a wide range of losses, including:
- Medical bills – You can seek compensation for doctor visits, hospital stays, surgeries, medications, therapy, and other related medical expenses.
- Lost wages – If your injury keeps you from working, you could claim compensation for the lost income you couldn’t earn during your recovery.
- Future losses – If your injury affects your ability to work long-term or will require ongoing medical care, you could recover money for these future losses as well.
- Pain and suffering – You could claim compensation for the physical pain and emotional distress you suffer due to the injury.
- Punitive damages – You may be awarded punitive damages in rare cases when the product manufacturer’s actions were extremely negligent or intentionally malicious.
Time Limits for Filing a Product Liability Claim in NC
You generally have just three years from the date of your injury to file a product liability lawsuit in North Carolina. If you miss this deadline, the court will likely throw out your case, and you won’t be able to recover any money for your injuries.
In some cases, you might have more time to file if the connection between the defective product and your injury wasn’t immediately clear. However, such exceptions are rare, so it’s best to contact our attorneys as soon as possible after a defective product injury in Wilmington. Waiting too long could cost you your chance to recover anything. Our lawyers can review your case, keep track of all relevant deadlines, and file your claim on time.
Why Choose Our Wilmington Product Liability Attorneys?
If a manufacturing defect or design flaw injured you, don’t wait to get legal help. The longer you wait, the harder it will be to gather the facts and protect your personal injury case. Contact Poisson, Poisson & Bower, PLLC, today to arrange your free consultation. Our team can listen to your story, answer your questions, and help you demand the financial recovery you deserve.