Wilmington Product Liability Lawyer

You bought it. You trusted it. Maybe it was a car part, a power tool, a medication, or an appliance you’d used a hundred times. Then it failed, and you were hurt. Now you’re dealing with pain, mounting medical bills, and one nagging question: was this my fault, or did the product fail me? If a defective product injured you in Wilmington, you may have a claim, and you don’t have to figure it out alone.

Here’s what makes us different. At Horton & Mendez, our two managing partners are former insurance defense lawyers who once worked for multi-state insurers. We learned how manufacturers and their insurance companies evaluate, contest, and try to reduce these claims because we used to do it from the other side. We know their playbook. Now we run it for you. Your consultation is free, and you pay nothing unless we win.

Call 910-405-7751 today for a free consultation. No fee unless we win.

How North Carolina Product Liability Law Actually Works

Many individuals assume that if a product hurts them, the company is automatically responsible. In some states, that’s close to true because they apply “strict liability.” North Carolina is different, and this is the most important thing to understand about your case.

The state handles defective product claims under its Products Liability Act, found in Chapter 99B of the General Statutes. Under that law, there shall be no strict liability in tort in product liability actions. In plain English, you usually cannot win just by showing that a product was defective and injured you. You generally have to prove the manufacturer or seller was negligent, meaning they failed to use reasonable care.

That’s a higher bar than many people expect, and it’s exactly why your choice of lawyer matters. A strong negligence case takes thorough investigation, the right people to examine what went wrong, and a clear game plan. When the other side is a manufacturer backed by an insurance company, it helps to have a team that already knows how they’ll defend it.

The Three Main Types Of Defective Product Claims

Most product cases fall into one of three categories. Yours may involve just one or more than one at the same time.

Manufacturing defects

A manufacturing defect occurs when a product is designed correctly, but something goes wrong during its actual manufacturing. Picture a single batch of brakes built with the wrong part, or a contaminated bottle of medicine. The item left the factory different from the way it was supposed to be. In North Carolina, these claims usually turn on showing the manufacturer didn’t use reasonable care at some point in the production or assembly process.

Design defects

A design defect runs deeper. Here, the product was built exactly as intended, but the design itself is unreasonably dangerous. North Carolina law addresses this directly. Under N.C. Gen. Stat. Under § 99B-6, a manufacturer can be held liable for an insufficient design only when the claimant proves the manufacturer acted unreasonably in designing the product, that this was a proximate cause of the harm, and, for example, that it unreasonably failed to adopt a safer, practical, and feasible alternative design. Proving this often means bringing in engineers to demonstrate that a safer design was available and feasible.

Failure to warn

Sometimes a product isn’t flawed in its design or construction, but it’s dangerous without the right warnings or instructions. Under N.C. Gen. Stat. § 99B-5, a manufacturer or seller can be held liable for an insufficient warning or instruction when the claimant proves that the company acted unreasonably in failing to provide such a warning or instruction and that the failure was a proximate cause of the harm. Think of a chemical sold without safety instructions or a device that omits a critical hazard warning.

Common Defective Products That Cause Serious Injuries

Almost anything can be defective, but certain products send people to the emergency room again and again. We handle claims involving defective auto parts, such as tires, airbags, seat belts, and brakes; dangerous prescription drugs and medical devices; faulty power tools and machinery; unsafe children’s products and toys; household appliances that overheat or catch fire; and defective industrial or construction equipment. If a product you used as intended caused a serious injury, it’s worth having a lawyer look at it.

Who Can Be Held Responsible For A Defective Product?

One of the first questions we answer is who’s actually on the hook, and it’s often more than one party. North Carolina’s Products Liability Act defines the players in the chain that bring a product to you. A “manufacturer” is the person or entity who designs, assembles, fabricates, produces, constructs, or otherwise prepares a product or part of a product before its sale to a user or consumer. A “seller” includes a retailer, wholesaler, or distributor, meaning any individual or entity engaged in the business of selling the product.

That matters because the company that designed a faulty part, the one that assembled the final product, and the store that sold it can all play a role in how you were hurt. Part of our game plan is tracing the product back through that chain and identifying every party that may share responsibility, so no one who contributed to your injury slips out of view.

How Long Do You Have To File In North Carolina

Two separate deadlines can affect your case, and missing either one can end it before it starts.

The first is the statute of limitations. For a product that injured you, you generally must file within three years of the date of the injury under N.C. Gen. Stat. § 1-52. Wait too long, and the court can throw out an otherwise strong case.

The second is easy to overlook: the statute of repose. North Carolina enacted a 12-year statute of repose for products liability actions, and that clock generally starts on the date the product was first purchased for use or consumption, under N.C. Gen. Stat. § 1-46.1. Unlike the limitations period, the repose period can run out before you’re ever hurt, which is why older products raise tricky timing questions. The takeaway is simple: don’t wait. The sooner you call, the more time we have to investigate and protect your claim.

North Carolina’s Contributory Negligence Rule And How We Defend You

There’s one more rule you need to know, and it’s a tough one. North Carolina follows pure contributory negligence. If the defense can pin even 1% of the blame on you, you can be barred from recovering anything at all. Manufacturers and their insurers know this, so a favorite move is to argue you misused the product, ignored a warning, or caused your own injury.

This is where our background pays off. We anticipate those arguments because we used to make them. We build your case from the start to shut down any claim that you bear responsibility, gathering the evidence and testimony that keep the focus where it belongs: on the defective product. Defense is half the playbook, and we treat it that way.

Why Injured People In Wilmington Choose Horton & Mendez

Our team includes attorneys with more than 65 years of combined experience, and our two managing partners spent their early careers defending insurance companies and product manufacturers. That insider view shapes how we investigate, negotiate, and prepare every case for trial.

We’re proud that our original office still sits right here in Wilmington at 6105 Oleander Dr., Suite 102, one of several Horton & Mendez offices across North Carolina. That means local knowledge when you want to sit down face to face, plus the resources of a statewide firm standing behind your case.

Call 910-405-7751 now to talk with a Wilmington products liability lawyer. Your consultation is free.

Frequently Asked Questions About Wilmington Products Liability Claims

How much does it cost to hire a products liability lawyer?

Nothing up front. We work on a contingency fee basis, which means we don’t charge a fee unless we win. Your consultation is free; you owe no upfront costs, and we only get paid if we recover compensation for you.

What if I no longer have the product that hurt me?

You may still have a case, but the product is often key evidence, so please let us know as soon as possible. If you still have it, don’t repair, alter, or throw it away. Keep it, along with the packaging, receipts, and instructions, exactly as it was.

Can I file a claim if I didn’t buy the product myself?

Often, yes. North Carolina’s law focuses on who was injured by a defective product, not just who originally bought it. Family members, friends, guests, and bystanders who are hurt by a defective product can typically pursue a claim if the other elements are met. Talk to a lawyer about the specifics of your situation so nothing important gets missed.

Talk To A Wilmington Products Liability Lawyer Today

If a defective product injured you or someone you love, don’t wait. The sooner you call, the more we can do to preserve evidence, line up the right people to examine the product, and counter the defense moves we already know are coming.

Call 910-405-7751 for a free consultation at any of our several NC offices: no fee unless we win, and no upfront costs. You’ll talk with a team that’s worked this kind of case from both sides, and we’ll put that insider view to work for you.