Products Liability

From faulty industrial machines to defective medical supplies and prescription drugs.

The Schwaba Law Firm can help you recover for product liability negligence. We have handled matters involving faulty joint replacement devices, unguarded industrial presses, and poorly designed prescription drugs.

If you have been injured by the following defective products, contact The Schwaba Law Firm to see if you may be entitled to recover.

What is product liability?

As technology advances, our world continues to become complex.  And, as it evolves, manufactured products are also moving forward. Everything is being advanced from medical devices, medicine, consumer goods, toys, and of course, cars.  All of these improvements are to make our life more comfortable and make things easier for us. Things are more enjoyable and we make the most out of life. However, sometimes products unexpectedly fail and become dangerous. And when they fail or become dangerous, an injured individual can file a legal claim.  Read more to have more knowledge about product liability claims in North Carolina.

If products caused an injury, then the manufacturers and sellers may be held responsible for it. That is what you call a product liability. Each state has different laws pertaining to product liability but most states have laws about defective products that hold the manufacturers and distributors liable.

With product liability laws, there are injury awards to the victim. It includes costs of injury from the product’s failure and its lack of conformity to safety specifications. The pain and suffering of the injured person are also included in the award. It is different for every case, the injury award can be funded by the manufacturer or the distributor, but it can also be funded by the owner of the business or the seller. It varies from case to case basis on who will provide the injury award.

Our primary goal at Schwaba law is to protect your rights as a consumer and address product liability claims. We understand at Schwaba Law that every case is unique, hence, we have tailored approaches to get you the best compensation for your loss.

3 categories of product liability 

  1. Design Defects – This is a mistake in a product before it is manufactured. It simply means that the design of the product itself is at fault from the beginning, hence the product is not safe.
  2. Manufacturing Defects – These flaws happen when a mistake happens during the manufacturing process. It may be because of the assembly of the product.
  3. Marketing Defects – This may be because of insufficient instructions or improper labeling.


You are entitled to economic compensation and non-economic compensation. Economic compensation includes those damages caused by the injury of their defective product such as loss of wages, medical bills, or cost of repairs. Non-economic compensation is compensation for pain and suffering.

If an injury is caused by a faulty, damaged, or defective product, the manufacturer, the designer, and the distributor can be held responsible. The injured must prove that the product is indeed damaged or defective. The case can be based on negligent design of the product, negligent manufacture of the product, or negligent failure to warn consumers about the dangerous aspects of the product. For more information about defective product lawsuits, call us.

  • Negligent design of the product
  • Fraud or misrepresentation about the product
  • Negligent failure to warn about an aspect of the product
  • Breach of an implied or express warranty
  • Negligent manufacturing of the product

For more information, contact us.

You are entitled to economic and non-economic compensation. Economic compensation includes calculable loss caused by your injury due to the defective or damaged product, such as medical bills, loss of wage, and cost of repairs. In some states, this is given to you regardless if you or the manufacturer are considered more at fault. Non-economic compensation includes pain and suffering.

Schwaba Law Firm will help you recover

The Schwaba Law Firm can help you recover for product liability negligence. We have handled matters involving faulty joint replacement devices, unguarded industrial presses, and poorly designed prescription drugs. If you have been injured by the following defective products, contact the Schwaba Law Firm to see if you may be entitled to recover.

  • Xarelto
  • Prempro Vaginal Mesh Sling
  • Stryker Hip Replacement
  • Zimmer Knee Replacement
  • Testosterone Therapy
  • Avelox
  • Levaquin
  • GM Motors Ignition Defect

Damages you can claim

Just like other personal injury cases, with product liability claims, you can also recover the following:

  1. Economic damages: These are the damages directly from the injury such as medical bills, medicine, and treatment costs, lost income, and other expenses caused directly by the injury incident.
  2. Non-economic damages: There is also compensation for your pain, suffering, frustration, and such, this is called non-economic damages.
  3. Punitive damages:  This is not always rewarded. This is not for your compensation, but rather a punishment for the defendant. There are aggravating factors for this kind of damages.

Product Liability Case

Usually, product liability cases involve experts. These experts stand as witnesses and they provide opinions regarding the failure of products that caused the injury. The design and manufacturing failure may also be discussed by expert witnesses from the industry of the products.

Just like personal injury cases, these claims for product liability will all be settled in court. It is best to get an experienced product liability attorney to represent you in court, evaluate the case, and negotiate with the opposing side. All the information including medical records will be analyzed and reviewed to get the damages to claim, which is why getting a qualified product liability lawyer is best.

Negotiations before pre-suit are also happening, if the negotiation is successful, there is no need for hearings in the court. However, if it cannot be solved during the negotiation, litigation will be necessary. The injured party will then file a lawsuit against the responsible party,

The laws of the state of North Carolina require both parties to undergo mediation before it proceeds to trial. Some cases may be settled in mediation, but if no agreement has been made, then a trial will proceed.


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Need help with a product liability claim? Call us.

Handling product liability cases is a specialized area of law. These cases involve experienced, qualified, and committed attorneys. It is crucial for the victims to choose who to represent them. These cases are about rights, and most cases are stressful and challenging. With the right lawyer, you can get the compensation and make the situation less stressful and hassle for you.

Understanding product liability is a complex and serious matter that should be handled by experienced product liability attorneys. At Schwaba Law, we have lawyers who are more than qualified to take your case. Our practice is focused on product liability cases, let us help you get the compensation you deserve.

If you or a loved one need help with a product liability claim, call us. We are here to assist you.