Who Do You Sue in a Product Liability Case in North Carolina?

If a defective product has caused injury to you or a loved one, you may have the right to seek compensation from the responsible party. In North Carolina, product liability claims require proving negligence, breach of warranty, or a defect that caused your harm—since strict liability does not apply. 

The first step in any case is identifying who is legally responsible for the defect and resulting injuries.

Who Can Be Sued in a North Carolina Product Liability Case?

One or more parties could be liable for a product liability claim. Potential parties who can be sued for damages include, but are not limited to:

  • Designers: The party that designed the product could be liable for design defects. A design defect is a problem with a product’s design that makes it dangerous to use as intended. Every product designed with those specifications will share the same defect.
  • Manufacturers: The party that produces or assembles the product can be held liable for manufacturing defects. These defects occur during the manufacturing process and may or may not impact all products. A manufacturer may also be liable for a claim if they fail to warn consumers about product risks.
  • Retailers and sellers: Wholesalers, distributors, sellers, and retailers may be liable for a product liability claim in some cases. For example, they could be liable if they sell a product known to be defective.
  • Others in the supply chain: Depending on the facts, other parties who contributed to the product reaching the consumer in a defective state may be sued. If you can prove their negligence led to your injuries, they may be responsible for damages.

Ultimately, any party involved in bringing a defective product to market may be held accountable. An experienced attorney can help identify who is responsible and pursue the compensation you deserve.

North Carolina law does not recognize strict liability in tort for product liability claims. Instead, claims are governed by the North Carolina Products Liability Act, which requires proof of fault.

To recover damages, a plaintiff must generally show that the defendant was negligent in the design, manufacture, formulation, inspection, or warning of the product. This means proving that:

  • The defendant owed a duty to exercise reasonable care in producing or selling the product;
  • The defendant breached that duty by acting unreasonably;
  • The breach directly and proximately caused the plaintiff’s injury; and
  • The plaintiff suffered actual damages as a result.

In addition to negligence, a product liability action may also be based on a breach of warranty under Chapter 99B. However, proof of a defect alone is not sufficient to establish liability under North Carolina law.

What Damages Can I Recover for a Product Liability Claim in Goldsboro, NC?

In North Carolina, victims of defective or dangerous products may recover compensatory damages designed to make them whole after an injury. These damages fall into two main categories: economic and non-economic.

Economic damages cover measurable financial losses, such as:

  • The cost of medical treatment, hospital care, and rehabilitative therapies
  • Out-of-pocket expenses for personal care, household help, and travel to medical appointments
  • Lost wages, employment benefits, and future earning capacity

Non-economic damages compensate for the physical and emotional impact of an injury, including:

  • Pain and suffering
  • Emotional distress and mental anguish
  • Disfigurement or scarring
  • Diminished enjoyment or quality of life
  • Permanent disability or impairment

The amount recovered for a product liability claim depends on the factors of the case. The strength of the evidence proving negligence, the severity of your injuries, and other factors impact the value of your claim.

Statute of Limitations for Product Liability Claims in North Carolina

The North Carolina statute of limitations sets the deadline for filing product liability lawsuits. Typically, you must file a product liability lawsuit within three years of the injury or loss. However, there could be exceptions. 

Talk with an attorney as soon as possible to protect your right to pursue a claim.

What To Do if You Are Injured by a Defective Product

If a defective product injured you, steps that can help you protect your rights include:

  • Gather evidence of the defect, injury, and how the defect caused harm. 
  • Keep all packaging and instructions. Do not dispose of the product.
  • Seek immediate medical treatment for injuries caused by a defective product.
  • Document all financial losses, including lost wages, medical bills, etc.

Once you have taken the above steps, consult with an experienced North Carolina product liability attorney promptly to ensure your claim is timely and correctly filed. 

A Personal Injury Lawyer Can Help

Product liability cases in North Carolina can be complex, often involving multiple parties and detailed evidence to prove negligence or breach of warranty. If you or a loved one were injured by a defective product, a skilled personal injury lawyer can help protect your rights and pursue the financial recovery you deserve.

For help, contact Riddle & Riddle Injury Lawyers to schedule a free consultation with our Goldsboro product liability lawyers. 

For more information, contact Riddle & Riddle Injury Lawyers to schedule a free consultation with a personal injury lawyer in North Carolina today. We have twelve convenient locations in North Carolina, including Greenville, Raleigh, Goldsboro, Jacksonville, Kinston, Charlotte, Greensboro, Durham, Fayetteville, Wilmington, Winston-Salem & Garner.

Riddle & Riddle Injury Lawyers – Raleigh Office
4600 Marriott Dr STE 500, Raleigh, NC 27612
(919) 876-3020

Riddle & Riddle Injury Lawyers – Durham Office
100 E Parrish St STE 200, Durham, NC 27701
(919) 728-1770

Riddle & Riddle Injury Lawyers – Goldsboro Office
601 N Spence Ave, Goldsboro, NC 27534
(919) 778-9700

Riddle & Riddle Injury Lawyers – Charlotte Office
1914 J N Pease Pl Suite 142, Charlotte, NC 28262
(704) 486-5824

Riddle & Riddle Injury Lawyers – Greenville Office
300 E Arlington Blvd Suite 2A #110, Greenville, NC 27858
(252) 397-8620

Riddle & Riddle Injury Lawyers – Fayetteville Office
2517 Raeford Rd, Fayetteville, NC 28305
(910) 387-9186

Riddle & Riddle Injury Lawyers – Greensboro Office
7B Corporate Center Ct Suite 15, Greensboro, NC 27408
(336) 516-9066

Riddle & Riddle Injury Lawyers – Jacksonville Office
3391 Henderson Dr, Jacksonville, NC 28546
(910) 455-5599

Riddle & Riddle Injury Lawyers – Garner Office
500 Benson Rd Suite 111, Garner, NC 27529
(800) 525-7111

Riddle & Riddle Injury Lawyers – Kinston Office
807 N Queen St, Kinston, NC 28501
(252) 397-8624

Riddle & Riddle Injury Lawyers – Wilmington Office
1608 Queen St Suite 12, Wilmington, NC 28401
(910) 889-4064

Riddle & Riddle Injury Lawyers – Winston-Salem Office
102 W 3rd St, Ste 1007, Winston-Salem, NC 27101
(336) 516-9042