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Product Liability

Our lawyers can help you get the money for your injuries quickly.

Raleigh + Durham Product Liability Attorneys

Dedicated Personal Injury Attorneys in North Carolina

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Personal Injury Attorneys Serving North Carolina

In North Carolina, the statute of limitations to file a claim for product liability is six years from the date of the initial purchase. Hyland + Padilla, PLLC is dedicated to helping clients seek a beneficial solution for product liability cases, and our Durham personal injury lawyers can work with you from start to finish. Defective products cause thousands of injuries every year.

Who may be held liable for a defective product?

The product manufacturer.

The manufacturer of component parts.

The party that assembled or installed the product.

The wholesaler.

The retail store that sold the product to the consumer.

At Hyland + Padilla, PLLC, we have helped countless of our clients obtain the outcomes they desire and deserve. With more than 50 years of combined experience, we have an extensive knowledge of state laws and court processes to help you navigate through the potential complexities of your case.

The attorneys at Hyland + Padilla are here to help you maximize your potential recovery*

North Carolina Premises Liability Laws

In North Carolina, manufacturers and sellers of products have a legal duty to protect consumers. If you were injured using a product, you may be able to pursue compensation for negligence, tortious misrepresentation, or a breach of warranty. The Durham personal injury attorneys at Hyland + Padilla, PLLC can analyze the facts of your incident and discuss your options for seeking compensation.

Common product defects include:

  • Manufacturing defects – those that occur in a product’s manufacturing phase.
  • Design defects – those that are present even before manufacturing.
  • Marketing defects – those that involve the way a product is marketed

Understanding Legal Grounds for Product Liability Claims

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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* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

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