Catastrophic Injuries Due to Defective Products

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Defective products can cause catastrophic injury. Victims may have the right to financial compensation.

Horton & Mendez Injury Attorneys explain pursuing compensation for a catastrophic injury due to a defective product.

How To Prove Liability in a Defective Product Case

A product liability case may be brought against the manufacturer or others in the chain of production. You must prove liability for each defendant separately.

Can you receive compensation for a catastrophic injury due to a defective product?

Yes. The basis of a case is the following:

  • The victim used or otherwise encountered a product.
  • It was defective by legal standards.
  • An injury resulted to the victim.
  • The victim has damages.

Where there is legal liability, the victim may claim compensation for the full amount of damages.

There are a few exceptions where damages limits apply, including government defendants and medical malpractice. However, there is no limit to what a defendant can claim in damages simply because their injuries are catastrophic.

What Are Defective Products and How Do They Cause Injuries?

Common types of defective products linked to catastrophic injuries include the following:

  • Motor vehicles, airbags
  • Industrial equipment
  • Sports equipment, materials, and supplies
  • Tools and gadgets
  • Children’s toys and products
  • Appliances
  • Electronics
  • Furniture, household goods
  • Medical products, medications

A defective product may cause a catastrophic injury because it is heavy, sharp, or uses a great deal of power. A defective product may create a risk of fire. A person may be at risk of choking.

The result of all of those may be a catastrophic injury that changes the life of a victim.

Legal Rights of Victims of Defective Product Injuries

If a person is injured by an unreasonably dangerous product, they may receive monetary compensation. The law does not guarantee that a product will be risk-free. Most of the products we use come with a risk of harm. However, the basis for the case is that the risk of harm is unreasonable. There is no duty to warn of obvious or commonly known dangers.

A case may be based on a defect in:

  • Manufacturing – The final product did not work as intended, including defective assembly, processing, or preparation.
  • Design – A product functioned as intended but was too dangerous.
  • Marketing – The manufacturer did not sufficiently explain its intended use.
  • Labeling – The statements given on the product or with packaging are inadequate.

Whether a design is defective depends on the feasibility of safer alternatives. Defective marketing may include inadequate instructions, leaving the consumer without the information necessary to use the product safely.

Pursuing Compensation for Catastrophic Injuries

A catastrophic injury changes the life of its victim. Injury from a defective product may be considered catastrophic if it is:

  • Severe
  • Permanent
  • Visually disfiguring

An injury is catastrophic when it changes the way the body functions or looks in a significant way for a long period of time. Injuries are often permanent.

Compensation in a defective product should address several important issues:

  • Proof that the product is defective, based on legal standards. A plaintiff may advance multiple theories of liability.
  • Expert witnesses to explain how the product functioned and how it is defective.
  • The defect is what caused the harm to the victim.

Economic damage, including future medical expenses, and Non-economic damages, including physical pain and emotional anguish, are considered.

Catastrophic claims are greater in scale than other claims. Fair compensation for a catastrophic injury resulting from a defective product addresses long-term damages and pain. Because the amount claimed is often large, the victim must sufficiently detail the basis for the amount requested. They can expect the defense to scrutinize and aggressively respond to the claim.

Our lawyers represent catastrophic injury victims

If you’re a victim, please contact us as soon as possible to discuss your case. Horton & Mendez Injury Attorneys understand the types of damages that may be claimed in catastrophic cases.

We thoroughly investigate, build evidence, and pursue the appropriate compensation for each victim we represent. We are trained in legal advocacy, and we know the defense playbook.

Contact us to see how we can assist you.

Legal questions in catastrophic injury compensation claims

There are some unique legal issues that may be present in a catastrophic injury compensation claim. To advance a claim, the seller must have had the opportunity to inspect the product in a way that would have revealed the faulty condition unless the seller mishandled the product (N.C.G.S. § 99B-2).

You may assert all the theories of legal liability that may apply, including multiple reasons that a product is defective. North Carolina law defines a seller as anyone engaged in the business of selling a product, including for resale, use, or consumption.

A claimant should support their claim with expert data and analysis showing the danger of a product. They shouldn’t rely on their own testimony alone, although factual testimony about what happened in the victim’s case is certainly important. Additional expert testimony may be appropriate to identify long-term damages.

Case preparation should include research into similar incidents of harm. Discovery may be needed to show the actions of the company in developing and manufacturing the product.

In North Carolina, strict liability does not apply to product liability claims (N.C.G.S. § 99B-1.1). This is unlike in many other states. A litigant must be aware of the law that applies to their claim and prepare to meet the necessary burden of proof.

Defective Products and Catastrophic Injuries

Defective products continue to cause serious injuries in the United States. The National Safety Council reports that 12.7 million people sought emergency care in 2023 because of product-related injuries. Many of these injuries occurred because products were unreasonably dangerous. Others who are injured perform first aid at home and are not included in official statistics.

Contact an Experienced Wilmington Personal Injury Lawyer

If you or a loved one has been harmed by a defective product, we invite you to contact Horton & Mendez Injury Attorneys. Our experienced Wilmington personal injury lawyers have worked for insurance companies. We know what big corporations do to minimize claims, and we’re prepared to represent you and aggressively pursue your claim.

Contact us to discuss catastrophic injuries due to defective products. Call or message us now.

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