Product Liability Lawyers in Rocky Mount, NC
Holding Negligent Manufacturers Accountable
It’s hard to imagine life without the many products we use on a daily basis. From the food we eat to the clothes we wear, products play a vital role in our lives. While there are some risks associated with using certain products, the benefits generally outweigh the risks. However, when a product is defective or dangerous, it can pose a serious threat to the consumer.
If you or a loved one has been injured by a defective or dangerous product, you may be entitled to compensation. The experienced product liability attorneys at O’Malley Tunstall, PC, have helped many people in Rocky Mount, NC recover the compensation they deserve. We’ll work tirelessly to hold the negligent manufacturer accountable and get you the justice you deserve. For a free consultation with our experienced injury and disability law firm in Rocky Mount, North Carolina, call (252) 823-2266 to get started today.
What is Product Liability?
Product liability is the legal responsibility of a manufacturer or seller for any damages caused by an issue with one of their products. This can include anything from manufacturing defects to improper labeling. Product liability claims can be made against both businesses and individuals.
There are three main types of product liability: design defects, manufacturing defects, and marketing defects.
Design defects are when the product itself is flawed. An example of this would be if a chair was designed without taking into account that people have different-sized legs, and as a result, the chair is uncomfortable for most people to sit in.
Manufacturing defects happen when there is an issue with how the product was made, regardless of the design. An example of this would be if a chair was designed to be made out of metal, but the manufacturer used plastic instead. This would be a manufacturing defect because the final product is not what the designer intended.
Marketing defects happen when there is an issue with how the product is marketed, such as if a toy is advertised as being for children ages 3 and up, but it contains small parts that could be a choking hazard for younger children.
Product liability claims can be very complex, and it is important to speak with an experienced attorney if you think you may have a claim. Our team can review your case and advise you of your next steps.
How is Negligence Determined in a Product Liability Case?
Product liability cases are brought against a company by an injured consumer who alleges that the company is responsible for injuries sustained due to a defective product. The first step in any product liability case is to establish that the company owed the consumer a duty of care. The second step is to show that the company breached that duty by selling a defective product. The third step is to show that the consumer was actually injured as a result of the defective product. And finally, the fourth step is to prove that the consumer’s injuries were caused by the defective product and not some other factor. We can help you prove fault and negligence as well as build your case so you get the maximum compensation possible for your injuries.
How Much Compensation Can I Recover for a Product Liability Claim?
Product liability claims are governed by a complex set of state and federal laws. The amount of money you may be able to recover in a product liability claim depends on the facts of your particular case, as well as the applicable laws.
Most product liability claims are based on one of three legal theories: negligence, strict liability, or breach of warranty.
Negligence
In order to prove negligence, you must show that the manufacturer or seller of the defective product owed you a duty of care, breached that duty, and that the breach was the cause of your injuries.
Strict Liability
Under strict liability, you do not have to prove that the manufacturer or seller of the defective product was negligent. You only need to show that the product was defective and that the defect caused your injuries.
Breach of Warranty
A breach of warranty claim is based on a guarantee made by the manufacturer or seller of the product. To succeed on this type of claim, you must show that the warranty was breached and that the breach resulted in your injuries.
The amount of money you may be able to recover in a product liability claim will depend on the severity of your injuries, as well as any damages that were sustained. Damages in a product liability case can include medical expenses, lost wages, and pain and suffering.
How Can an Experienced Product Liability Lawyer Help?
If you have been injured by a defective product, you may be able to recover damages by filing a product liability lawsuit.
An experienced product liability lawyer can help you navigate the legal process and ensure that your rights are protected. Our lawyers can work to gather evidence to support your claim and build a strong case on your behalf. If you have been injured by a defective product, contact an experienced product liability lawyer today to discuss your legal options.
Call O’Malley Tunstall, PC Today to Get Started
When a product is found to be defective, the manufacturer or seller may be held liable for any resulting injuries. If you have been injured by a defective product, you may be able to file a product liability lawsuit to recover damages.
At O’Malley Tunstall, PC, our experienced personal injury attorneys can help you navigate the complex legal process and fight for the compensation you deserve. We have a proven track record of success in product liability cases, and we will work tirelessly to get you the best possible outcome. For a free consultation with our experienced injury and disability law firm in Rocky Mount, North Carolina, call (252) 823-2266 to get started today.