If you buy a defective product, you have rights and should contact a lawyer right away.
What Are My Rights When I Buy A Defective Product?
If you purchased a defective product and want to recover your losses, you can file a lawsuit. First, you and your legal team will need to discover who to hold accountable and name as the defendant in your suit.
In product liability cases, you’ll need to follow the chain of distribution, which is how the product travels from manufacture to arriving in customers’ hands. The manufacturer of the product, or the defective piece that caused the injury, will be named. Then, you’ll name who you bought the product through, the retailer. You can also designate any “middlemen” in the chain of distribution.
You’ll be able to name multiple parties in your lawsuit; this is called “joint liability.”
If I Didn’t Buy The Defective Product, Can I Still Sue?
Legally, you can sue for product liability even if you did not buy or use the product yourself.
For example, if you borrow someone’s phone to make a call and it explodes in your hand, you can still bring a suit against the manufacturer.
You may also seek legal remedy if you were injured as a bystander from someone using a defective product, such as being hit by a flying piece of a defective object.
In some cases, even if you purchased a second-hand, used item that turns out to be defective, you can still sue the supplier. However, your ability to sue will depend on the nature of the defect and product type.
Is There A Statute Of Limitations For Product Liability Cases?
Every state enforces a statute of limitations for defendants to sue in product liability cases. Every state allows at least one year from the date of injury or the date you discovered the damage.
In North Carolina, a plaintiff has three years to file a suit if you find the statute of limitations expired, research if the defendant operates in another state with a longer statute, and attempt to try the case in that state.
What Should I Do If A Defective Product Has Injured Me?
If you or a loved one suffered an injury because of a defective product, contact the Hyland & Padilla offices right away.
Hyland & Padilla’s legal team has won more than $40 million for our clients, fighting for their rights. We offer free evaluations to get your case started.
States enforce the statute of limitations in product liability cases, so contact our team right away to schedule your consultation today.