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Product Recall – Strict Liability Rules

In North Carolina, unlike in most other states, a person who is hurt by a defective product cannot successfully hold a manufacturer responsible for losses by making a strict liability claim.  According to North Carolina General Law § 99B-1.1, “There shall be no strict liability in product liability actions.”

Strict liability is a legal doctrine that allows a person or company to be automatically held responsible for damages caused by certain types of conduct.

For example, in states with strict liability rules for defective product cases, a victim does not have to prove a manufacturer of a product did anything wrong in order for the victim to obtain compensation from a manufacturer for harm resulting from a product defect.  The manufacturer is strictly liable, or legally responsible for losses in all circumstances where a product is released and causes harm when used as intended.

Since North Carolina does not allow a case based on strict liability, a victim would be able to obtain compensation for a defective product that caused harm only if the victim could prove liability on the basis of negligence, breach of warranty, or some other failure on the part of the product’s manufacturer.

If a product is recalled, this is usually a good indicator that something went wrong with the product. If a victim has been hurt by that recalled product, the victim should try to determine if there are any legal grounds to make a claim for damages.

Since strict liability won’t apply, the victim would have to prove the manufacturer did something careless or wrongful. A North Carolina product liability lawyer can provide assistance to anyone who has been harmed by a product that has been recalled. An attorney can help you to demonstrate negligence or wrongdoing in many circumstances so you can successfully obtain compensation for loss.

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If a recovery or settlement by trial is made, the client will be responsible for costs advanced in addition to attorney fees. Client remains responsible for costs, expenses and disbursements, including medical bills, within the scope of representation. The attorney’s contingency percentage will be computed prior to the deduction of expenses from the total recovery.

The principal office for Auger & Auger Law Firm is located at 717 S. Torrence St., Suite 101, Charlotte, NC. The attorneys and staff of Auger & Auger Law Firm work and process all of the firm’s files at the principal office location in Charlotte, NC. Other office locations listed on our website are satellite offices that are not staffed daily. Satellite offices are operated for the convenience of our clients and who live outside of the Charlotte, NC metro area and are unable to meet with us at our principal office location. All meetings at our satellite offices must be made by appointment only. Phone numbers for satellite offices forward to our principle office location in Charlotte, NC.

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