Products purchased for consumer use are subject to an implied warranty of safety. This means that manufacturers and distributors must abide by certain standards of health and safety in producing goods sold to consumers. If you have been injured due to a manufacturing defect or design flaw in a product you have purchased, you may have a claim for liability against the manufacturer and distributors to recover losses you suffer.
Under North Carolina law, manufacturers and distributors can be held responsible for their faulty products for any one of the following three reasons:
- Unreasonable manner of manufacture or design of products, creating a risk of harm to the consumer
- Failure to reasonably warn consumers of product dangers
- Failure to reasonably instruct consumers on proper use of the product
Most products liability claims arise from faulty products designed or manufactured for personal use, and can include the following types of products:
- Hazardous toys, games, children’s clothing, or other products targeted to children
- Gas, electric and power source products
- Blueprints or design drawings
- Cars, car parts and/or systems (such as airbags)
- Dangerous medications and drugs
- Defective medical products and devices
- Dangerous or defective tools or appliances
- Asbestos products
Products can also include goods you purchase that are not necessarily manufactured, like domestic and exotic pets, real estate, and food that makes you ill.
If you believe you have a products liability claim, try to keep the suspect product in its original condition and, if possible, preserve the product packaging and purchase receipt. These documents are important pieces of evidence that strengthen your case.
Products liability cases are complex matters to litigate. Because of the complexity of products liability lawsuits, having an experienced attorney with a background of handling products liability cases on your side can make all the difference in whether you get the compensation you deserve. We can help you navigate this complicated area of the law and acquire reimbursement for your medical expenses, provide for future medical costs, recover current and future wage and economic losses, and ensure compensation for your pain and suffering.
At DeMent Askew & Johnson, our attorneys bring more than 40 years of experience in representing people who have been injured by defective products. We are skilled products liability trial lawyers. Call us today for a free consultation at 919-833-5555.
James T. Johnson
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Part-Time Student and Restaurant Worker Attacked by Two Pit Bulls While Mowing Grass Receives $101,000.00 Settlement After Extensive Litigation Including Separate Lawsuit Regarding Insurance Coverage
On a summer afternoon, Mr. Johnson’s client was mowing the lawn at the residence of a friend house in Raleigh. The property line running along the back of where he was mowing the lawn runs alongside and is adjacent to the back of the yard of a house which was being kept two Pit Bull…
Long-time Sales Associate at Plumbing and HVAC Supply Company Receives Confidential Settlement as a Result of Medical Malpractice
DeMent Askew & Johnson’s client was in his yard filling a birdfeeder with birdseed when he fell and twisted his left leg in an awkward position. He immediately heard a crack and saw that his left ankle was turned in an awkward position. His wife called 911. EMS arrived and transported him to a local…
Attorney: James Johnson, Dement Askew On a summer afternoon, Mr. Johnson’s client was mowing the lawn at the residence of a friend house in Raleigh. The property line running along the back of where he was mowing the lawn runs alongside and is adjacent to the back of the yard of a house which was…
North Carolina Crime Lab Firearms Examiner Wins 9 Million Dollar Verdict in 3 ½ Week Long Libel Jury Trial Against the News and Observer
9 Million Dollar Verdict is Top Verdict in North Carolina for 2016 as Reported by Lawyers Weekly! Attorney: James Johnson, Dement Askew Date of Verdict: October 2016 In 2006, North Carolina expert firearms examiner Beth Desmond was asked to examine some bullet fragments and shell casings from a homicide crime scene. The incident occurred in…
Estate of Elderly Mother of Three That Suffered Through Negligent Care at a Nursing Home Resulting in Death Receives Large Confidential Settlement
The deceased was a resident of a North Carolina nursing home. She had recently been sent to a local hospital for an unrelated illness and was recovering well from this prior illness. During this recovery period, she developed an ulcerous wound in and around her sacrum. The nursing home staff failed to timely detect the…
Man Moving from Georgia to West Virginia to be Closer to Family Hit by 18-Wheeler in North Carolina Receives $140,000.00 Settlement After Extensive Litigation
Mr. Johnson’s client was driving a Dodge pick-up truck northeasterly on the on-ramp for traffic exiting off of I-485 and onto I-77 north in Charlotte. He was in the process of moving from Georgia to West Virginia and was pulling a U-Haul trailer. He had a full load in the bed of his truck. One…
In a unanimous opinion filed on December 18, 2018, a three-judge Court of Appeals panel affirmed the $6.12 Million Dollar jury verdict Mr. Johnson and associate Chynna Smith won on behalf of their client, a former state firearms examiner, Beth Desmond, in her libel case against the Raleigh News & Observer and reporter Mandy Locke.…
Single Mother on Her Way to Work Hit by Pick-Up Truck Running a Red Light Receives $122,500.00 Settlement Just Before Trial
DeMent Askew & Johnson’s client was driving south on Lake Wheeler Road in Raleigh on her way to work. She was approaching the intersection with Centennial Parkway and was intending to travel straight through the intersection. At the same time, the Defendant was driving a large pick-up truck traveling in a northerly direction on Lake…
Nurse at Local Hospital Involved in Automobile Collision Receives $300,000.00 Settlement After Extensive Litigation
Mr. Johnson’s client was driving north on Capital Blvd., approaching the intersection with Wake Union Church Road. The Defendant was driving south on Capital Blvd in a large SUV owned by a local landscaping company. As our client approached the intersection, the traffic light for her direction of traffic was emitting a steady green light.…
Stroke Victim Resident of a Nursing Home that Was Raped by Co-Resident Receives Large Confidential Settlement
DeMent Askew’s client had suffered a stroke years ago. She could not speak as a result of the stroke, and she was also confined to a wheelchair. However, she was still very sharp mentally. She was residing in a nursing home because of her physical limitations. One day, a new resident appeared in the nursing…