At Johnson & Groninger PLLC, our product liability attorneys help victims of personal injury collect damages against the designer, manufacturer, or seller of a defective or dangerous product, including medical devices, medicines, machines, construction equipment, and vehicles.
Our attorneys use skillful litigation to help victims of unsafe products obtain compensation for their injuries and losses under legal theories of breach of warranty, negligence, or strict liability. Each of our product liability lawyers in Durham is passionate about helping our clients find justice for the suffering they’ve been forced to endure.
Steps to take if you were injured by a dangerous or defective product
These steps will not only help protect your health, but they could also improve your chances of obtaining maximum compensation for your injury.
1. Hold on to the product
Your first step is to keep everything associated with the product. This means not only the product itself, but also all packaging, labels, instructions, and warnings. If possible, take pictures of the product from all angles.
2. Visit the doctor
You might have an injury that’s much worse than you think. If you delay getting medical help, that injury could worsen to the point that it threatens your life, and it could cause irreversible damage. Even if you don’t feel that your injury is very serious, have someone take you to the emergency room so you can undergo a thorough examination.
Getting prompt medical treatment will also help prove your medical expenses, which will be critical to your ability to win your case.
3. Make note of the incident and keep a journal of your injuries in the days and weeks after the incident
Write down everything you’re experiencing while you’re hurt. This not only means keeping a journal of your physical pain, but also your emotional and mental distress. Doing so may help maximize your compensation by supporting your claim for non-economic damages (more on these later).
4. Speak with a Durham product liability lawyer
Once you’re in a safe place and have received the medical attention you need, speak with an attorney as soon as possible. The faster you hire a personal injury lawyer in Durham, the faster they can investigate the incident before critical evidence vanishes.
Types of product liability cases
Defective products can range from sophisticated industrial equipment and medical devices to appliances and toys. Every day, victims prosecute cases against national and international distributors and manufacturers, including pharmaceutical companies and manufacturers of medical devices.
Product liability can be caused by any of the following intentional acts or negligent mistakes.
1. Manufacturing defects
While the product is being created, a defect can occur. Sometimes a whole batch is affected, or sometimes it’s just one or two products.
2. Design defects
Before the manufacturer even makes the product, a poor design can cause it to be defective and cause injury.
3. Marketing defects (failure to warn)
Certain parties are required to provide adequate directions, warnings of dangers, or descriptions of product uses. A missing instruction or poorly-written warning can cause injury to victims using or exposed to the product.
4. Breach of warranty
You may have grounds for legal action if the product failed to work as the warranty stated it would work.
Make sure you file a claim before the deadline
The North Carolina statute of limitations for product liability claims is three years. This means that if you don’t take action within three years from the date of your injury, you won’t be able to obtain compensation. However, you should act immediately in order to have the best chance of getting the fair and just compensation you deserve.
Possible damages you could claim
Your damages are the losses you’ve incurred due to your injury. You’ll try to recover your damages when you take legal action against those that contributed to your suffering. Here’s a quick look at the two main categories.
You’ve probably already started accumulating medical bills. You might have also lost out on some wages or benefits, or you might’ve received a reduction of your salary because you can’t work and you’ve exhausted all of your sick time and vacation days. These are examples of tangible economic damages. Your attorney must show supporting documentation to prove them.
Non-economic damages are much more challenging to prove. There aren’t any receipts that show your mental distress, the pain you’re going through, or any emotional issues you might be experiencing. It takes a very skilled Durham product liability lawyer to “place a price tag,” so to speak, on these subjective damages.
Our attorneys work hard to get you the maximum compensation
You can rest assured that your attorney with Johnson & Groninger PLLC will provide skilled, aggressive representation. We’ll do everything we can to hold accountable everyone who contributed to your injury.
Common product liability injuries
The last thing anyone expects is to suffer a severe injury from a product they grabbed off of a store shelf. But they happen much more often than you might think. A toaster, for example, could catch fire due to a defect, causing severe burns.
Who may be liable for your injury
There are several parties that might be responsible for your injury due to a defective product. These include the following.
The company that manufactured the product may have committed an error during the process of putting that product together. This error could have affected only one unit coming off of the manufacturing line, or it could have affected the entire line.
Many products, such as cars, come with parts made by companies other than the manufacturer. The brakes, for example, are often made by someone else. If you were in a car accident caused by malfunctioning brakes, you might be able to sue the company that made them.
Companies that make products often sell them to intermediates, who then sell the product to retailers. These intermediates are known as wholesalers. You might be able to sue the wholesaler if they knowingly helped make a defective product available to the public.
Likewise, the retailer that sold you the product could also be liable for your injury. If they knew the product was dangerous, yet chose to sell it anyway, you could file a lawsuit against them, too.
Even if the product was designed and manufactured well, the installer could have altered the product in some manner or could have made a mistake during installation. If this is the case with your injury, you could take action against the installer.
Cost of hiring a product liability lawyer in Durham
Some people are hesitant to get legal representation because they don’t think they can afford it. That won’t be the case when you hire a Durham product liability lawyer with Johnson & Groninger PLLC. We work on what’s known as a contingency basis. That means our ability to receive money is reliant on our ability to win your case. We don’t get paid unless your case is successful.
How we can help
You can choose Johnson & Groninger PLLC with total confidence because we know how to win cases similar to yours. No matter how big the insurance company covering the manufacturer may be – or how big the manufacturer itself might be – we won’t be intimidated. We have a long track record of defeating formidable opposition.
Our Durham product liability lawyers are here to help
If a defective product resulted in a personal injury or the wrongful death of a loved one, one of our skilled Durham product liability lawyers may be able to help. One of our experienced attorneys will be able to discuss if you qualify to obtain financial compensation for your injury or loss.