Types of Product Liability
At Auger and Auger we handle many different types of product liability claims. If you or a loved one has been injured by an unsafe or defective product we can help.
Manufacturing Defect Cases
When a product defect or manufacturing error hurts somebody, the injured person has a right to bring a personal injury claim against those responsible. Manufacturing defects often occur when a machine in the manufacturing process is not properly maintained, when there is human error involved in the manufacturing process or if a faulty piece is used in the manufacturing process.
Design Defect Cases
An improperly designed product can cause serious injuries, even if it has been used as it was originally intended. Design defects can occur anywhere in the design process and are often seen in complex products like appliances, cars and recreational vehicles.
Marketing Defect Cases are also known as “Failure to Warn” Cases
If the designer or manufacturer of a product knew or should have known that their product was dangerous or presented a risk, they had a legal obligation to disclose those risks when they marketed the product. Often, product manufacturers ignore this law and market products that can cause serious injury without disclosing the potential for injuries.
Breach of Warranty Cases
When products are sold, manufacturers often say or write things about the products during the marketing and sales process to get people to buy their products. When the statements made by the manufacturer are inaccurate, the individuals who purchase the product are entitled to compensation for the manufacturers inaccurate statements. These breach of warranty cases fall into three categories:
- Breach of an express warranty,
- Breach of an implied warranty of merchantability, and
- Breach of an implied warrant of fitness for a particular purpose.
Determining which breach applies to your individual case can be complicated but we are happy to address the specifics of your situation in a free, no obligation call.
Strict Liability Cases
In certain situations even if the manufacturer, designer or seller of a product was honest and didn’t intend to make or distribute a defective product, they can still be held responsible for injuries the product causes. These situations are called strict liability cases. In strict liability cases, the injured person just has to prove that the product was defective and that they were injured by the defective product. This makes it easier for the injured person to be made whole and discourages companies from designing and manufacturing defective products.
Negligence in Product Liability Cases
Individuals and businesses often have an obligation to ensure that their actions don’t lead to the injury of another person. While negligence can be difficult to prove, an experienced product liability attorney can help you evaluate the details of your situation and can provide you with the guidance you need to make smart choices about your case.
Consumer Protection Cases
In situations where a product does not cause injury but is unusable as a result of a design or manufacturing defect, North Carolina allows consumers to bring claims to recover the cost of the product. These cases are often less complex, as they do not involve personal injury, but an experienced product liability attorney will still be a valuable resource that can make the difference between you winning or losing your case. Regardless of the type of product liability case you have, the experienced attorneys at Auger and Auger can help. Call us today for a free, no obligation consultation to discuss the specifics of your product liability case and how we can help your recover the compensation you are entitled to.