What is a Design Defect?

In North Carolina, § 99B-6  of the state’s code explains the circumstances under which a product manufacturer can be held liable for a design defect. Holding a product manufacturer liable for a defect means pursuing a claim against the manufacturer to obtain compensation for economic and non-financial losses that occur due to a problem with the product.

Under the rules set forth in section 99B-6, a manufacturer may be held liable for a defective product if the manufacturer “acted unreasonably in designing or formulating the product.” The manufacturer’s unreasonable action must have been the direct cause of some type of harm to the victim. The victim must also prove either that there was a safer alternative the manufacturer could have chosen but opted not to, or that the product was so unreasonably defective that no person would have used it if they’d been aware of its flaws.

North Carolina law makes it much more difficult for individuals harmed by product defects to pursue claims for damages, as compared with most other states that have laws holding manufacturers legally liable for any losses directly traced back to a defect that causes harm when the product is used as intended.

It is important for victims hurt by a product defect to understand their rights under North Carolina law and to put together the strongest claim possible to obtain compensation for losses caused by design defects. A Charlotte product liability lawyer can help a product user who is hurt by a design failure to pursue a case to recover economic and non-financial damages.