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The questions on this page were answered by our team of lawyers. The questions are categorized by practice area such as car wrecks, medical malpractice, traumatic brain injuries, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.

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  • What does 'breach of warranty' mean?

    A breach of warranty happens when the manufacturer or seller of the product makes a promise, either expressly or impliedly, to the end user about the product but the promise is broken and leads to harm. 

  • What is a ‘warranty’?

    A warranty is a promise or guarantee by a manufacturer or seller that the product is of a certain quality or character.

    An Express Warranty occurs when a seller makes a statement, either orally or in writing, which relates to the goods and becomes part of the basis of the deal with the consumer.

    An Implied Warranty when a seller knows, or should know, that the product he is selling is used for a particular purpose and the consumer is relying on the seller’s skill or judgment in selecting a product suitable for that purpose.  Further, there is typically an Implied Warranty of Merchantibility, which means that the product will be fit for the purposes for which it is ordinarily used.

  • What does 'failure to warn mean'?

    This happens when the product manufacturer fails to provide a warning to consumers about the dangers of a product that are not obvious or readily discoverable by the consumer or does not instruct them about how to use the product safely. 

     

  • What is the North Carolina products liability statute of limitations?

    The statute of limitations for products liability claims in North Carolina is 6 years. (NC Gen. Stat. § 1-50). For claims involving defective products, dangerous drugs, or a manufacturing defect in a product, injured parties must bring a civil lawsuit within 6 years of sustaining their injuries. If claims are not brought within their statute of limitations period they will be time barred by the court. If you need help deciding whether to pursue a products liability claim contact our firm today to discuss your case.

  • I'm worried about making a claim against DePuy, I don't want to sue my doctor.

    You will not be making a claim against your doctor since they had no way to know that the DePuy ACR hip replacement device would be recalled. Your claim is against DePuy and we will fight for you against DePuy.

  • I received a recall letter from DePuy, whatshould I do now?

    You should call our DePuy hip injury firm right away. The letters from DePuy are somewhat misleading. They invite you to provide a great deal of information to DePuy which might impact your claim later on. It is best to discuss your rights with a lawyer who is familiar with the DePuy recalls and litigation.

  • What does MDL mean and how is it related to the DePuy hip replacement recall?

    MDL is short for multi-district litigation. This type of litigation is routine in the area of product recalls. When a product like the DePuy ACR hip is recalled, there are often thousands of plaintiffs. The judicial system allows for the plaintiffs to form a group, or class action, which will present the claims as a whole. This type of litigation saves plaintiffs a lot of time and money by consolidating all the individual cases. The MDL hears the cases as a whole and makes a decision that affects the entire class.

  • My DePuy hip was recalled, how will I pay for my revision and other medical expenses?

    This question can only be answered when we have the facts surrounding your situation. If you have health insurance, you should use that to pay for the revision. When DePuy agrees to compensate your claim you will be compensated for the original surgery and the revision surgery, in addition to compensation for your pain and suffering. If you do not have health insurance, you might be able to have your revision procedure paid for by DePuy and still recover later. 

  • Do I have a case if I was injured using a product I purchased and had to see a doctor stemming from the injury?

    It depends on the circumstances in which your injury occurred and if a connection can be established between the product and your injury. Product defect cases are usually based on "strict liability" rather than negligence.

    "Strict liability" means it is not necessary to determine fault on the part of the defendant, but your attorney must be able to prove the product was unreasonably dangerous or defective, you were injured from use of the defective product, and the injury was caused by the defect in the product.

    One exception is if your circumstances are very similar to the circumstances in which other people are injured by the same product. This would allow you to file a "Class Action" lawsuit in which a lawyer could represent you and all other people who suffered injuries from a single defective product. For example, there are numerous lawsuits filed in connection with toxic Chinese drywall found throughout Carolina.

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.



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  • What are "defective products" and what does"product liability" mean?

    A "defective product" is one that causes injury as a result of a flaw or deficiency in the product such as labeling, construction, or how the product was used. The manufacturer of the product that caused the injury, in addition to the individuals involved in the chain of commerce such as the provider, are liable for injuries caused by these defective products.

    "Product liability" claims are cases dealing with injury or damage stemming from defective products that run from the obvious (i.e. a car sold with faulty air bags, a mislabeled product or drug that causes injury) to the innocuous (i.e. side effects from an improperly tested prescription drug).

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.



    PA