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William Webb Plyler
Products Liability
Injuries can result from unsafe products which may be dangerous because of the way they are designed or made or because their warning labels are deficient. “Products” include any manufactured item, including such products as toys, machinery, tools, cars, and household appliances.
North Carolina law governing products liability actions is codified in the Products Liability Act, Chapter 99B of the N.C. General Statutes. It provides that there is no strict liability (i.e., liability without fault) in tort in products liability actions in North Carolina. The act recognizes claims based upon breach of warranty and negligence. Negligence can be based on inadequate design or formulation (manufacture) or inadequate warnings or instructions.
Immediately after someone is injured as a result of a product, the product should be preserved in its current condition so that it can be examined and tested by an expert. Preservation and security of the product is very important in the successful pursuit of a products liability claim. |
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