Product liability claims in North Carolina can arise from a number of situations that are typically based on the type of product. Some items have specific issues that can result in injury to the consumer, which are potential problems that producers are generally required to assess before putting their wares on the market. For many manufactured products, one of the primary concerns is safety considerations associated with product design because faulty configurations can often injure users even when they follow all recommendations.
Risk utility
Some manufacturers include a specific design for a product based on utility when using the item regardless of obvious safety hazards that it may present. In the state of North Carolina, detailed directions for use are typically sufficient for reasonable warning to the end-user. Anyone who violates any usage instructions could have their claim denied based on the state’s contributory negligence law that also applies to product liability cases just as in any other personal injury case.
Reasonable performance expectation
The concept that a product must perform as stated and accomplish what is intended is a fundamental standard for product liability claims. A consumer’s reasonable expectation of performance is basic. However, North Carolina is not a strict liability state regarding product liability cases, and the plaintiff must prove the product did not respond as was expected according to the manufacturer’s advertisement claims.
Receiving financial compensation for a defective product is indeed a difficult legal task in North Carolina due to the contributory negligence law that controls personal injury tort actions. Unlike most other states where it is not necessary to prove negligence on the part of the manufacturer, even those with 1% comparative negligence in the injury claim can be denied any compensation for their injuries. It is always best to have the case thoroughly investigated first by a legal professional unless it can be submitted in a different court system.