Cases We Handle:
Product Liability

What is a product liability claim?

A product liability claim arises when someone is injured or suffers damage because of a defective or unsafe product. The United States Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risk of injury or death from hazardous consumer products. There are laws and regulations requiring products to be safe and free from significant or harmful defects. Read more: New Federal Safety Standards for Infant Support Cushions: What You Need to Know to Keep Your Infant Safe.

A product recall is not required for an injured person to file a lawsuit. Often, products are recalled after lawsuits force companies to admit fault and make changes or remove the product from the market. Read more: Recall Update: Suffocation Hazard from Fisher-Price Snuga Infant Swings.

To have a valid claim, you generally must show that:

• You were using the product as intended
• The product was defective, dangerous, or failed to provide adequate warnings
• The product caused harm or property damage directly due to the defect

If you have questions about whether your injury qualifies for a product liability claim, Langino Law PLLC can help you understand your options and what compensation may be available.

What kinds of products can lead to a product liability claim?

Almost any type of product can be subject to a liability claim if it is defective or unsafe, including children’s toys, household items, electronics, tools, medications and medical devices, food products, inclined sleepers, cribs, vehicles, and automotive parts. Read more: The 20 Biggest Product Recalls of 2025 and What They Mean for Consumers.

Some of the most common issues that lead to recalls include choking hazards without warning, improper childproofing, flammable products (not to acceptable standards), and laceration hazards. Read more: Dangerous Toys - Helpful Information for Parents.

There are three main types of product defects:

• Design defects: The product is inherently unsafe, even if manufactured correctly.
• Manufacturing defects: Errors occur during production, making a normally safe product dangerous.
• Marketing defects: The product lacks proper warnings about risks or clear instructions for safe product use.

What should you do if you purchase a dangerous product?

If you purchased a recalled product, even if you did not experience any personal injury, you are entitled to a refund or replacement. If you receive a recall notice but continue using a product after a recall that results in an injury, the manufacturer will likely argue “assumption of risk” as a defense, limiting your entitlement to compensation for injury. Read more: Consumer Recalls: What to Know and How to Handle a Hazardous Product.

You will need to preserve the product. This can include storing the defective product and its packaging, receipts, instructions, or similar items in a container, such as a large plastic storage bin. Then, tape the container shut and write the date on the tape.

Taking these simple steps will help you protect evidence and other materials that may be relevant to any lawsuit you may consider filing in the future. If the product that seriously harmed you or a family member is altered, lost, destroyed, or discarded, you may not be able to bring a claim.

If you have concerns about whether you should pursue a product liability lawsuit, contact Langino Law PLLC to help understand if you can recover based on the damages from the product.

How long do I have to file a product liability lawsuit?

In North Carolina, you generally have three years from the date of the injury or when the injury was discovered, whichever is later, to file a product liability claim. It’s important to speak with an experienced product liability attorney promptly if you believe you may have a product liability case.

At Langino Law PLLC, when we talk, there’s no pressure — just an honest, compassionate conversation about your situation and what we can do to move forward together. Our goal is to help you find clarity, confidence, and the support you deserve.

Who can be held responsible for a defective product?

There are many different potential defendants in a product liability lawsuit. Some defective products may contain component parts made by different manufacturers. Other defective products may have different companies working on distinct aspects of their design. As a result, liability can extend to several parties and typically may include:

• Manufacturers who made the product
• Designers of the product
• Marketers of the product
• Distributors or wholesalers of the product
• Retailers or sellers who sold it to consumers, in some instances

Read more: Federal Consumer Product Safety Update: Amazon is Responsible for Hazardous Products Sold by Third-Party Sellers

What types of damages can I recover?

Those injured in a product liability case may be entitled to compensation for both economic and non-economic damages, including:

• Medical bills (past and future)
• Lost wages and loss of earning capacity (Read more: What happens if I cannot work because of my injury?)
• Pain and suffering (Read more: What are Pain and Suffering Damages?)
• Loss of enjoyment of life
• Property damage
• Costs for long-term care, rehabilitation, or home modifications
• Wrongful death, in some cases (Read more: Wrongful Death: A Guide for Survivors)
• Punitive damages, in some cases

Why pursue a product liability lawsuit?

Recovering from injuries due to a defective product — and the impact it has on families — is often time-intensive and costly, including time off work, medical expenses, and long-term trauma. Families that are hurt by no fault of their own deserve to be represented by someone they can trust to hold those responsible accountable and gain rightful compensation.

Pursuing a product liability claim can offer lasting financial support, secure families' futures, and ensure accountability for those responsible. Often, defective products are only recalled after a lawsuit is initiated. Although legal action cannot reverse existing harm, it can compel companies to implement changes that help prevent future incidents.

What is a contingency lawyer?

Langino Law PLLC will handle your lawsuit on a contingency basis.

Contingency lawyers are paid only if they successfully recover money for their client. Unlike hourly attorneys, contingency lawyers do not charge upfront fees. Instead, they advance their time, labor, and often significant case expenses, such as expert witnesses, depositions, and court costs. If the case resolves through settlement or trial, the lawyer receives a percentage of the recovery.

If no recovery is made, contingency lawyers do not charge any fee or seek reimbursement for their time; a key point in Langino Law PLLC’s written contingency fee agreement. This structure allows injured people to pursue justice without the financial risk of paying legal fees out of pocket, while aligning the lawyer’s compensation directly with the client’s success.

Read more: How Are Contingency Lawyers Paid?

What should I do if I think I have a product liability case?

Reach out to an experienced product liability attorney who can understand your unique situation, review what happened, and explain your legal options. At Langino Law PLLC, when we talk, there’s no pressure — just an honest, compassionate conversation about your case and what we can do to move forward together. Our goal is to help you find clarity, confidence, and the support you deserve during what can be one of the most difficult times of your life.