| Product
Liability
The Law Offices of Richard Flexner is
experienced in serious injury and
wrongful death cases, and is familiar with the physical, emotional
and financial damage that a defective
product can cause. Rich Flexner is a North Carolina
trial attorney with more than 25 years
of experience in product liability
cases. We take pride in providing
representation that is professional,
results-oriented and responsive.
If you have been injured or lost
someone because of a dangerous product,
you have the right to file a claim
against the supplier or manufacturer of
the product. At The Law Offices of Richard Flexner,
P.A., every client matters, and we work
hard for the people we represent.
Our
goal is to get you the maximum possible
settlement or award for your injuries.
We serve the residents of Wilmington,
New Hanover County,
Wrightsville Beach,
Oak Island,
Brunswick County,
Kure Beach,
Pender
County,
Carolina Beach,
Columbus County,
Burgaw, Southport,
Bladen County, Elizabethtown, Bolivia,
Whiteville, and throughout North
Carolina.
In the course of our daily
lives, we use a number of products. When
used as directed, we rightly assume that
the products we use are safe and
reliable. Unfortunately, thousands of
people are injured or die each year
because of dangerous products - from
automobiles to insulation, to medical
devices and pharmaceutical drugs. The
Consumer Product Safety Commission
reports over 22,000 deaths and 29
million injuries related to consumer
products each year. Annually, consumer
products cause more than $500 billion in
deaths, injuries and property. We
frequently hear of product recalls
because of safety and design issues in
motorcycles, ATVs, snowmobiles,
children's toys and pajamas - even the
food we eat.
You may feel helpless or hopeless if
you are one of the innocent people who
has been injured, suffered property
damage or tragically lost someone
because of a hazardous product. However,
you do have some control. Victims
injured by faulty products have the
right to seek compensation, including
economic damages (lost wages or medical
expenses), non-economic damages (pain
and suffering) and punitive damages (to
punish reckless behavior). In addition
to the monetary considerations of a
favorable verdict, if you win your case
you may find solace in the fact that
those responsible for your situation
will be brought to justice. Moreover,
you will contribute to the public safety
by making manufacturers accountable for
safer and more dependable
products.
When you file a product liability
claim, you are suing the makers or
sellers of injurious products. Anyone in
the supply chain can be held responsible
for damages, including the manufacturer,
wholesaler and retailer. When their
product was brought to market, the
manufacturers and distributors became
legally obligated to provide a
well-designed product that is reasonably
safe when used as intended. To win a
products liability case, your attorney
must demonstrate that:
- The product had an
"unreasonably dangerous"
defect that caused your injury, and
that the defect occurred in the
product's design, during its
manufacture, or during shipping or
handling.
- The defect caused your injury even
though you were using the product in
the way the manufacturer said that
it was intended to be used.
- The product that caused
damage had not changed
"substantially" from its
original sales condition.
Other forms of product liability
claims are negligence (carelessness,
recklessness or malice) or breach of
warranty of fitness (damage directly
resulting from inadequate product
warning). Each of these types of suits
has its advantages and disadvantages,
and we will recognize and recommend the
avenue that offers the greatest chance
of recompense. In some cases, we may opt
to use a combination of the three.
While product liability provisions
vary greatly from state to state, every
jurisdiction requires proof that the
product was defective. At the Flexner
Law Firm P.A., we will present one or
more of the three types of defects that
demonstrate liability:
- Design defects - these are inbuilt
defects that make the product flawed
prior to its manufacture.
- Manufacturing defects - these are
problems that happen as the product
is being built or produced.
- Defect in Warning - the
manufacturer has failed to
adequately instruct or warn
consumers of the potential dangers
in the product.
If you believe that you may have a
product liability claim, it is important
to seek the counsel of an attorney
experienced in recovering damages. Time
is of the essence because product
liability suits are subject to a Statute
of Limitations which specifies that a
claim must be filed within a restricted
timeframe. A successful verdict will
help improve your quality of life as
well as compel suppliers and
manufacturers to improve the quality of
their materials, increase product safety
features, and provide thorough cautions
regarding a product's potential dangers.
Contact The Law Offices of Richard Flexner, PA
today. We take the time to listen to our
clients and respond to their needs,
because a serious injury affects both
the person and the entire family. Call
1-800-FLEXNER or 910-794-3221, for your free legal
consultation. You may also contact us
through our online
form.
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