Products Liability
Defense of manufacturers, distributors, and retailers in product defect and failure-to-warn claims.
Overview
Products liability law holds manufacturers, distributors, and retailers responsible for injuries caused by defective products. At Ennis, Baynard, Morton, Medlin & Brown, our attorneys defend companies throughout the product distribution chain against claims alleging design defects, manufacturing defects, and failures to warn or provide adequate instructions.
Products liability cases are among the most technically demanding areas of civil litigation. They typically involve complex expert testimony on engineering, manufacturing processes, product design alternatives, and medical causation. Our attorneys have extensive experience working with technical experts, retaining and preparing expert witnesses, and challenging opposing experts through Daubert motions and cross-examination.
North Carolina products liability law allows claims based on three primary theories: negligence, breach of warranty, and strict liability (though North Carolina's strict liability doctrine is narrower than some other states). Successfully defending a products liability case requires understanding all three theories and their respective elements, burdens of proof, and available defenses — including product misuse, alteration, and sophisticated user defenses.
Partners Don Ennis and Stephen Baynard have handled products liability defense throughout their careers, and Partner Ron Medlin's analytical approach — honed through his finance background and moot court training — is particularly effective in the document-intensive, expert-driven environment of product defect litigation. Mr. Medlin has tried numerous cases to successful jury verdicts on multiple theories of liability, including products liability claims.
Our insurance defense practice provides a natural complement to products liability work, as product defect claims frequently trigger coverage under CGL and products-completed operations policies. Our ability to coordinate the defense strategy with coverage analysis ensures a comprehensive approach that serves both the client's litigation interests and their insurance relationships.
Whether the claim involves a defective consumer product, an industrial equipment failure, a pharmaceutical or medical device issue, or a building materials defect, our attorneys bring the technical preparation and trial experience that products liability defense demands.
Types of Cases We Handle
Design Defect Claims
Allegations that a product's design is inherently dangerous or that a safer alternative design existed.
Manufacturing Defect Claims
Claims that a product departed from its intended design during the manufacturing process.
Failure to Warn
Allegations that a manufacturer failed to provide adequate warnings or instructions for safe use.
Pharmaceutical & Medical Device
Defense of claims involving adverse reactions to drugs, medical devices, and health-related products.
Industrial Equipment Claims
Defense of manufacturers and distributors of industrial and commercial equipment.
Building Materials Defects
Claims involving defective construction materials, roofing systems, windows, and structural components.
Why Ennis, Baynard, Morton, Medlin & Brown
Partners Ennis, Baynard, and Medlin have collectively handled products liability defense for decades. Medlin's record of successful jury verdicts across multiple liability theories, combined with the firm's deep insurance defense expertise and understanding of CGL and products-completed operations coverage, provides the comprehensive defense approach that product manufacturers and distributors require.
Frequently Asked Questions
A plaintiff must generally prove that the product was defective (in design, manufacture, or warnings), that the defect existed when the product left the defendant's control, that the defect was a proximate cause of the plaintiff's injuries, and that the plaintiff suffered actual damages.
Common defenses include product misuse, alteration or modification of the product after sale, the sophisticated user doctrine, compliance with industry standards, statute of limitations and repose, and contributory negligence. The available defenses depend on the specific facts and theory of liability alleged.
A Daubert challenge is a motion asking the court to exclude expert testimony that does not meet the standards of reliability and relevance required by law. Products liability cases are frequently won or lost on expert testimony, making Daubert challenges a critical defense tool.
Need Aggressive Representation?
Contact our Wilmington office to discuss your case. We'll be where you need us.