North Carolina has specifically enacted laws pertaining to product liability cases. The circumstances where a consumer can be injured by a product are endless. However, only in a much smaller number of cases does the consumer actually have a legal basis for pursuing claims for injuries. In North Carolina, manufacturers and sellers of products have duties imposed by law to protect consumers. Additionally, there are common law duties of reasonable care. North Carolina recognizes an Implied Breach of Warranty claim. This law requires that all goods that are sold generally must be merchantable, and more specifically, must be fit for the ordinary purposes for which such goods are used. Under this law, an injured person must prove that the goods are subject to this implied warranty; that the goods did not comply with the warranty in that they were defective at the time of sale; and that the any injury was due to the defective nature of the goods. North Carolina law also recognizes a claim based upon “Inadequate Warning or Instruction” and “Inadequate Design or Formulation.” Finally, the manufacturer of a product and the seller of a product have duties under common law. These duties require a manufacturer and a seller of a product to exercise reasonable care under the circumstances to protect the consumer. The attorneys at Hyland & Padilla, PLLC have handled cases involving injuries from defective products and reached successful results for our clients.
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Product Liability
Hyland & Padilla, PLLC are personal injury attorneys in Durham,
Raleigh, and Chapel Hill, North Carolina
