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North Carolina Products Liability Legal Questions

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7 legal questions have been posted about products liability by real users in North Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include food products liability, automotive products liability, and drug and medical device litigation. All topics and other states can be accessed in the dropdowns below.
North Carolina Products Liability Questions & Legal Answers
Do you have any North Carolina Products Liability questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 7 previously answered North Carolina Products Liability questions.
Products Liability
North Carolina

Recent Legal Answers

What can be done about finding inedible object in a burger?

Answered 10 years and 7 months ago by Ms. Lisa L. Lanier (Unclaimed Profile)   |   1 Answer
Dear Anonymous: The law in North Carolina says you must show actual damages that are related to the incident in order to prove negligence. While it was unfortunate that a screw ended up in one of your burgers at the fast food restaurant, it will be difficult for you to prove that there were actual damages. The plaintiff (or the injured party) has the burden of proof in North Carolina. You would need to convince a 12-person jury that you and your family are truly not eating anything and not sleeping – all due to finding the screw in your burger. Without any medical doctors or mental health professionals to testify to any of your damages, it is highly unlikely you will be able to prove damages in this case. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read More
Dear Anonymous: The law in North Carolina says you must show actual damages that are related to the incident in order to prove negligence. While it... Read More

found a tooth in our littles girls powder milk

Answered 12 years ago by attorney Mr. Douglas A. Petho   |   1 Answer
If there is no injury, there is no claim. Technically I suppose you could make a claim for negligent infliction of emotional distress, however I think you would have a hard time proving any damages. If you're planning on sending back the tooth, I would take pictures before doing so in the event you need them later.... Read More
If there is no injury, there is no claim. Technically I suppose you could make a claim for negligent infliction of emotional distress, however I... Read More

I found glass in my cereal. I swallowed some and chipped 2 teeth.

Answered 12 years and 8 months ago by attorney Mr. Douglas A. Petho   |   1 Answer
As the glass is not a substance natural to the product, you would have a products liability claim against the manufacturer at the very least for your injuries. I would seek medical attention, regardless of whether you have a claim, if you are having chest pains.  I have handled a number of claims similar to yours and I can tell you from experience that unless the foreign object can be obviously identified as something from the manufacturing facility you may be in for a fight over liability.... Read More
As the glass is not a substance natural to the product, you would have a products liability claim against the manufacturer at the very least for your... Read More

What are the consumer's rights if a drink is purchased & partially consumed that contains a moldy, fungal type glob in it?

Answered 12 years and 9 months ago by Ms. Lisa L. Lanier (Unclaimed Profile)   |   1 Answer
Dear Anonymous: The question in any such situation is whether consuming the tained beverage caused any physical problems or damage. If so, you might have a products liability claim. If not, the claim would be limited to the replacement cost of the beverage. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read More
Dear Anonymous: The question in any such situation is whether consuming the tained beverage caused any physical problems or damage. If so, you might... Read More

Property damage

Answered 12 years and 10 months ago by Ms. Lisa L. Lanier (Unclaimed Profile)   |   1 Answer
Dear Anonymous: Your question appears to ask if the dog owner's text message is enough to form a contract and make her legally responsible to pay for damages her dog caused. There is probably not a clear answer to that question. The law of contracts requires that there be something called "consideration" for a contract to be enforceable. In other words, a simple promise is not enforceable. Someone could promise to pay you money as a gift, but if they don't do so, there is nothing you can do about it. You could argue here, however, that you formed a settlement contract. If you as her to pay for all damages and she agreed and you accepted her agreement, there is consideration for her promise to pay, which would be enforceable. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read More
Dear Anonymous: Your question appears to ask if the dog owner's text message is enough to form a contract and make her legally responsible to pay... Read More

how do i go about getting money that i am entitled to after taking paxil that caused me a tremendous amount of suffering? i would prefer to settle

Answered 13 years and 7 months ago by Mr. James Jenkins Mills (Unclaimed Profile)   |   1 Answer
I am very sorry to hear about your situation and the adverse impact that paxil has had on your life.  I would recommend that you speak with an attorney with experience in handling personal injury claims against pharmaceutical companies, so he or she can give you more insight and guidance into your options.  Good luck going forward.  -Jay Mills James J. Mills 2626 Glenwood Ave., Ste. 560 P.O. Box 10867 Raleigh, NC 27605 Telephone: 919.235.3824 Fax: 919.782.2311 www.burnsdaypresnell.com... Read More
I am very sorry to hear about your situation and the adverse impact that paxil has had on your life.  I would recommend that you speak with an... Read More

I bought a car from a dealer "as is" I took said car back to him within 24 hrs for issue they never fixed what are my rights?

Answered 13 years and 9 months ago by attorney Mr. Douglas A. Petho   |   1 Answer
Unfortunately "as is" means just that.   Unless you can prove fraud in the inducement into buying the car based on a misrepresentation or promise  to repair as a condition of the purchase, you are likely out of luck.
Unfortunately "as is" means just that.   Unless you can prove fraud in the inducement into buying the car based on a misrepresentation or... Read More
Products Liability
North Carolina

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