Raleigh Defective Products Lawyers

If you were injured by a product or warning label, you have the right under North Carolina law to receive compensation for your injuries from the product’s manufacturer or seller. Our experienced Raleigh defective product lawyers can help.

Our compassionate team helps clients with medical care, medical bills, property damage, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.

As former insurance defense attorneys, we know how to fight for every penny you deserve.

Our Raleigh Defective Product Settlements and Verdicts:

What Is a Products Liability Claim in Raleigh, NC?

To hold a manufacturer, distributor, or seller liable for a product defect in North Carolina, the consumer must prove that the product was defective, that the defect caused their injuries or damages, and that they were using the product as it was intended when the injury or damages occurred. The plaintiff must also show that they did not change or modify the product since it was purchased.

There are three main types of product defects that can give rise to liability in North Carolina:

Design defects:

These are defects that are inherent in the design of the product, which means that they exist in all units of the product. For example, if a car manufacturer designs a vehicle with a fuel tank that is prone to rupturing in a collision, this would be considered a design defect.

Manufacturing defects:

These are defects that occur during the production process and affect only certain units of the product. For example, if a batch of tires is produced with a defect that causes them to blow out while driving, this would be considered a manufacturing defect.

Warning defects:

These are defects that result from a failure to adequately warn consumers of the risks associated with using the product. For example, if a medication is sold without proper warning labels or instructions, this could be considered a warning defect.

Common Injuries Caused By Defective Products in Raleigh, NC

Defective products can cause minor and serious injuries bodily injuries to everyone involved or even death.  Some of the most common types of injuries our defective products attorneys in Raleigh see in their cases are:

• Back and spine injuries

• Neck injuries

• Brain injuries

• Injuries to teeth, gums, tongue, and mouth

• Sprained and bruised knees, ankles, wrists, hips, and shoulders

• Broken bones

• Fire, electrocution, and burns

• Eye injuries

• Hearing loss

• Amputations

• Drownings

• Chest and abdominal injuries

• Anxiety and psychological injuries

Damages Our Raleigh Products Liability Lawyers Can Help You Recover

If a consumer is successful in bringing a product defects liability claim in North Carolina, they may be entitled to damages to compensate them for their injuries or losses.  Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh products defects lawyers are:

• Medical bills paid/reimbursed

• Future medical expenses

• Lost wages and income for time you missed at work

• Pain and suffering/mental anguish

• Loss of consortium if your accident affected your relationship with your spouse

• Permanent disability, scarring, or disfigurement

• Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries

A Guide to North Carolina Products Liability Claims

Product defects liability refers to the legal responsibility that a manufacturer, distributor, or seller has for any harm or damages that are caused by a defect in a product that they have produced or sold. Under North Carolina law, a product is considered defective if it is not reasonably safe for its intended use. This means that the product poses an unreasonable risk of injury to the consumer or user due to a design defect, manufacturing defect, or a failure to provide adequate warning or instructions for use.

Unfortunately, there is little reliable or correct information about defective product cases that is available to the public, which causes confusion about the products liability process and hurts injury victims’ chances for recovery. Here’s what our team of Raleigh product defect lawyers believe you should know:

1. Defective Products = Products Liability Laws in North Carolina

In North Carolina, product defects liability is governed by state laws, federal laws such as the Consumer Product Safety Act and the Magnuson-Moss Warranty Act, and federal agencies such as the Consumer Product Safety Commission. Product defects liability is an important legal principle that helps to protect consumers from harm caused by defective products. By holding manufacturers, distributors, and sellers accountable for the products they produce and sell, this principle helps to ensure that products are safe for use and promotes consumer confidence in the marketplace.

2. What Should I Do After I’m Injured by a Product in Raleigh, NC?

The initial moments and days after your defective product accident are critical, not only for your well-being but for your chances for compensation as well. These are the most important steps to take after your injury accident:

• Take photos of your injuries

• Take photos of the product that hurt you

• Visit a doctor if you haven’t already

• Follow the doctor’s recommendations and attend all follow-up appointments

• Write down a narrative of what happened while it’s still fresh in your head

• Make a list of witnesses and their contact information if you know it

• Follow any additional instructions from your attorney

3. How Do I File a Products Liability Claim in Raleigh, NC?

A products liability case begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.

The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.

4.  Will My Products Liability Claim Go to Trial in Raleigh, NC?

95% of products liability cases, according to government statistics, resolve before needing to go to trial. The vast majority of injury cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:

• The defendant’s insurance adjuster and company believes they will win the case, so they offer a very low settlement or none.

• The insurance company doesn’t want to set a precedent for settling your type of products liability lawsuit.

• The monetary amount demanded by your attorney is too high for the insurance company to settle without fighting the claim.

• Liability (meaning who is at-fault) or the injured person’s damages are too contested or questionable to find a middle ground.

The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh products liability attorney can help prepare you for what to expect.

5. How Much Will My Products Liability Claim Settle for in Raleigh, NC?

There’s no way to precisely value your claim, but an experienced products liability attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.

To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like car accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.

6.  What If I’m Partially At-Fault for Causing the Defective Product Accident or My Injuries in Raleigh, NC?

Whether it’s true or not, you are likely going to be blamed for causing your accident or injuries, even if just partially. You might even believe that you are responsible for the accident. However, there is a big difference between what regular people think about fault and what the law says. For instance, you might think a man stepping into a clearly visible 23 ft x 3 ft open service pit at an auto repair shop that he’s frequented for years is to blame for his own injuries. But the $1,800,000 settlement our team of Raleigh premises liability lawyers secured in that case in 2020 suggests otherwise.

North Carolina does follow the doctrine of contributory negligence, which could prevent you from recovering damages from your accident if a jury believes you are partially to blame. However, an experienced Raleigh products defect lawyer understands that defense and how to work around it.

7. How Long Does a Defective Product Claim Take to Reach a Settlement in Raleigh, NC?

A small of number of cases resolve very quickly before a lawsuit is even filed. It may take 3-4 months to obtain your medical bills and records and 1-2 weeks to negotiate with the claims adjuster. However, these cases are in the minority and are usually limited to very specific circumstances (like when liability is clear and the damages are so severe that they clearly are worth more than the limits of available insurance). Defective products cases in particular require extensive investigation and engineering analysis to determine safer product designs or warning labels.

In most other cases, litigation can last for a year or more. The more complicated or contested your case, the longer you can expect it to take. You do have some control over the length of your case because it’s up to you to accept or reject settlement offers.

8. How Long Do I Have to File a Defective Product Claim in Raleigh, NC?

There is limited amount of time you have to file a claim, also known as the statute of limitation. In North Carolina, for most products defect cases, you have 3 years from the accident or injury to bring a claim. For defective product accidents that resulted in death, you have 2 years from the date of the death. There is no wiggle room or do-overs when it comes to deadlines to file a defective product claim, so it is in your best interest to get a Raleigh products liability attorney involved as early as possible after your accident.

9. What Is the Process for a North Carolina Products Liability Claim?

Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced injury lawyer in Raleigh can help, guide, and prepare you through this process.

In North Carolina, it is mandatory for the parties to also participate in “mediation” before the case goes to trial. Mediation is simply a meeting (either via Zoom or in a conference room) that all of the parties are required to attend, along with a professional mediator, to see if the case can be settled and resolved. A representative of the insurance carrier who decides how much money the carrier will offer will also be present. A majority of cases resolve through mediation.

10. How Much Does a Products Liability Lawyer in Raleigh, NC Charge?

Many Raleigh products liability attorneys will agree to work on your case with no money up front or out-of-pocket. If you succeed in your case, they will take a percentage of the compensation you receive either in your settlement or judgment from a jury verdict. This is also known as a contingency fee. In most of our cases, we charge a contingency fee equal to 1/3 of the amounts we recover on your behalf. That means we have a financial incentive to help you recover every amount you’re owed, not one penny less.

11. What Does a Raleigh Defective Product Lawyer Do to Help?

Hiring an experienced defective products lawyer can provide you with numerous benefits. Injury attorneys know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.

Good North Carolina defective products attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your injuries. But perhaps most importantly, a products liability lawyer can take the weight and burden of the legal aspects of your case off your shoulders so you to focus on your recovery.

12. What Happens After I File a Products Liability Claim in Raleigh, NC?

In a North Carolina products liability lawsuit, the injured party (victim) files a formal demand for compensation called a Complaint. Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced North Carolina products liability lawyer, like our team in Raleigh, NC, can help, guide, and prepare you through this process.

13. What Is the Statute of Limitations in North Carolina for Defective Product Claims?

There is limited amount of time you have to file a claim, also known as a statute of limitation. In North Carolina, for most defective product cases, you have 3 years from the accident or injury to bring a claim. For defective product accidents that resulted in death, you have 2 years from the date of the death. There are different and separate time limits for contracts cases, criminal cases, and cases about property damage.

14. What is the Average Settlement for a Products Liability Claim in Raleigh, NC?

Determining the average settlement for a North Carolina products liability case is difficult because there are so many different types and severity of injuries. In North Carolina, a number of facts go into the value of a case. Those include:

• The defendant’s ability to pay

• The severity of your injuries and damages you sustained

• Who is at-fault and how bad their conduct was

However, cases may settle for more than the average when a good North Carolina products liability lawyer is on your side.

15. Does Pain and Suffering Include Medical Bills (and What’s the Difference)?

No, pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the injury. But you have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages, like medical bills.

16. What Is Fair Compensation for Pain and Suffering for an Products Liability Claim in Raleigh, NC?

There is no magic formula for determining what amount of pain and suffering is fair in your case. In general, pain and suffering is proportional to the injuries you suffered. If your injuries are severe and/or caused permanent disability, the more pain and suffering compensation would be fair to award in your case. In a case with severe injuries and lifelong suffering, you might be awarded pain and suffering that is 5x or more of your economic damages (medical bills, lost wages, etc). In minor injury cases, your pain and suffering may be slightly less or equal to the amount of your medical bills.

However, sometimes there is a disconnect between what is just and fair in your case vs. what an insurance company or at-fault party will actually pay. A good products liability lawyer has experience and even tools that can investigate recent judgments and settlements in your area to give you the best leverage in settlement negotiations so you can recover what is fair.

17. How Long Are Products Liability Judgments Valid in North Carolina?

A judgment in North Carolina is valid for 10 years from the date it was awarded by the Court, but it can be renewed once for another 10 years. The specific statutes surrounding judgments can be found here. The laws surrounding recovering or enforcing a judgment in North Carolina can be tricky, and we recommend speaking with an experienced injury lawyer to make sure you take advantage of all of the mechanisms available to recover from the at-fault party.

18. Why Are Defective Product Claims So Common in Raleigh, NC?

1. Manufacturing companies don’t always design products with consumer safety as a priority or leave off safety features that could protect you from injury

2. Owner’s manuals and warning labels are often incomplete, inaccurate, or insufficient to address a product’s dangerous qualities

3. Products are frequently assembled by unqualified or undertrained store employees before being sold, which leads to accidents when the product malfunctions or breaks

4. Recalls are expensive, and manufacturers will frequently allow dangerous products to be sold and then just settle the injuries they cause on a case-by-case basis

19. Can I File a Products Liability Claim Without a Lawyer in Raleigh, NC?

Yes, you can file a products liability lawsuit without a lawyer. However, if you bring your case on your own, you’re subject to the same rules and standards as you would be if you had an injury attorney. You are required to follow the same formalities and rules when filing court documents. The rules of discovery, admission of evidence, and civil procedure will still apply to you in your case. If you make a mistake, there is a chance that you case will be dismissed or thrown out. While you can file a civil lawsuit without an attorney, your best chance to recover the maximum amount possible is working with an experienced injury lawyer.

20. How Do I Find the Best Raleigh Products Liability Lawyer for My Case?

Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.

Defenses for Products Liability Cases in Raleigh, NC

Consumers should be aware of the various defenses that manufacturers and sellers may raise in a products liability case, and should be prepared to present evidence to refute these defenses. This may include expert testimony, witness statements, and other forms of evidence that show that the product was defective and caused the plaintiff's injuries or damages.

There are several defenses that a manufacturer or seller may raise in a product defects liability case in North Carolina, including:

Assumption of risk for the Product:

If the consumer knew about the risk of injury associated with using the product and still chose to use it, the manufacturer or seller may argue that the consumer assumed the risk of injury.

Alteration or misuse of the Product:

If the consumer altered the product in some way or used it in a way that was not intended, the manufacturer or seller may argue that the alteration or misuse caused the injury or damages, rather than the product defect.

Raleigh Products Liability Cases We Handle

We can help with any defective product claim, but the accidents listed below are the most common products liability claims we handle in North Carolina:

• Inadequate warning labels

• Inadequate operator manuals

• Commercial equipment

• Power tools

• Electrical fires

• Unsafe product design

• Manufacturing defects

• Chemical burns

• Foreign objects in foods

• Lawnmower fires

• Flammable aerosols

• Industrial mixing equipment

• Bicycle assembly

• Product recalls

Raleigh Defective Product Lawyer Cost

For transparent, upfront pricing on what our trial attorneys charge to help you with your Raleigh defective product case, please click below.

Raleigh Defective Product Lawyer FAQs

• Do I Need a Personal Injury Lawyer?

• How Long Do I Have To File a Personal Injury Claim?

• What Should I Do After an Accident?

• Mistakes To Avoid Following an Accident

• What Damages Can I Recover After an Accident?

• Accidents Involving Children and Minors

• What If I Was Injured After Signing a Release or Waiver?

• What Should I Do If Someone Dies in an Accident?

• What Is Contributory Negligence?

• How Much Does a Personal Injury Lawyer Charge?

Areas Our Raleigh Products
Liability Lawyers Serve:

• Raleigh

• Cary

• Durham

• Chapel Hill

• Sanford

• Clayton

• Pittsboro

• North Carolina

• South Carolina

The Best Raleigh Defective Product Lawyers Will:

1. THOROUGHLY INVESTIGATE YOUR ACCIDENT

2. EXPLAIN YOUR OPTIONS

3. GUIDE YOU THROUGH THE CLAIMS PROCESS

4. NEGOTIATE WITH THE INSURANCE COMPANY

5. FILE A LAWSUIT IF NECESSARY

6. ABOVE ALL ELSE, FIGHT FOR YOU

Client Testimonials for Our Raleigh Defective Product Lawyers

• “His expertise puts me at ease that I can just focus on my husband's recovery and medical needs.”

• “Highly knowledgeable, advocated for me, and demonstrated integrity through his actions.”

• “These folks are absolutely honest and sympathetic. If I ever have a need for legal assistance again they are who I am calling”

• “Osborn Gambale Beckley & Budd PLLC is a model on how firms should operate”

• “Not only an excellent lawyer but a great human being”

Why Our Raleigh Defective Products Lawyers Provide Free Consultations

Free legal consultations play a vital role in ensuring access to justice as well as promoting fairness, justice, and the well-being of accident victims. That’s why our award-winning Raleigh defective products lawyers always provide free consultations for potential clients

Schedule a Free Consultation With Our Raleigh Products
Liability Lawyers

Even if company that manufactured the product blames you for the accident, our Raleigh product defect attorneys can help you recover the maximum amount of compensation that you deserve for your damages.