Asheville consumers are often injured by common products and devices used every day. Products liability refers to the area of law that requires designers, manufacturers, wholesalers and retailers to be held liable for placing a defective or hazardous product into the hands of a consumer. The failure of these products may result in serious injuries or death. These products range from tangible personal property, to intangibles like gas, pets, charts, graphs and Buncombe County real estate.A products liability case can be based on three different theories: negligence, breach of warranty and strict liability.
Negligence theory looks to the reasonableness of the defendant’s conduct. A manufacturer must exercise reasonable care in designing, manufacturing, inspecting and testing its products. Manufacturers and sellers must also exercise reasonable care to warn of dangerous conditions. If a consumer is injured by the failure of a manufacturer or seller to exercise reasonable care in discharging the above responsibilities, they may be held liable under a negligence theory.
Breach of warranty. This type of liability is based upon contract law. In sales contracts there are express and implied warranties. When these warranties are breached, an injured party may recover damages resulting from the breach. Disclaimers are often included in sales contracts and on the fine print of labels and documents included with the product
The challenges with the above theories are that negligence is often difficult to prove, and warranties are often excluded by disclaimers. Under strict products liability, however, it is not usually necessary to show that the manufacturer or seller was negligent or breached a warranty in order to recover damages for injuries sustained from a defective product.
Strict liability does not require proof of fault on behalf of the designer, manufacturer or seller. In a strict liability claim, the injured party need only show that: 1) the product was defective, 2) the defect existed prior to the manufacturer releasing the product, and 3) the defect caused the victim’s damages.
The injured party may prove that a product is defective from any of three types of defects: design defects, manufacturing defects and “failure to warn” defects.
Design defects arise during the product design phase, or before the product is manufactured. In this situation, every product of that model or type is usually defective. A product has a design defect if a foreseeable risk of harm could have been reduced or eliminated by using another feasible design and the failure to use this alternative design caused the product to be unsafe.
Manufacturing defects exist if there are mistakes or problems during the production phase of a product. Many of the products which come off the assembly line may be safe, but other products come off the same assembly line with a defect. The manufacturer may be held liable for failing to detect the defect before the product reaches the consumer.
Failure to warn of a product danger. These cases typically involve a product which may be safe if used in one manner, but hazardous if used in another foreseeable manner. In these situations, the product should include clear, visible, and concise warnings explaining the danger and its consequences. If the product lacks a reasonable warning, the product is defective.
Brain injuries, burn injuries, spinal cord injuries, injuries to children, and loss of limbs are just some of the injuries suffered from defective products. Because of these catastrophic and life altering injuries many families may never regain their old lives. We are experienced trial attorneys and we can make a jury understand how a dangerous product ruined the lives of innocent and unsuspecting Asheville citizens. You have the right to compensation and we believe in demanding full accountability from the manufacturers of unsafe products.Products Liability cases can be very complex. If you or a loved one has been injured by a defective product, you should select an experienced Asheville personal injury law firm with substantial expertise and resources. You have the right to be safe. Contact the Buncombe County products liability lawyers at Fisher Stark Cash, P.A. for a free case evaluation.