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Bair Hugger Blankets and Product Liability Lawsuits

Bair Hugger Warming Blankets are designed by surgeons to help patients maintain a core body temperature before, during, and after surgery. These blankets were first invented in the 1980s. Since then, millions of patients have used Bair Hugger Warming Blankets while recovering from surgery. While these blankets can benefit patients by keeping them warm and helping them have good circulation, many patients have also been exposed to life-threatening infections caused by defective product design.

Sadly, many patients who have used Bair Hugger Warming Blankets have been exposed to dangerous and life-threatening bacteria that can cause serious infections. This exposure is due to a defect in the design of the device. Patients who are injured have a legal right under product liability torrent laws to seek financial compensation for their injuries in North Carolina courts. Injured parties will need to prove all of the elements of a product liability lawsuit.

Understanding Product Liability Laws in North Carolina

Product liability cases identify a legal responsibility that designers, manufacturers, distributors, vendors, promoters, or retailers have to make sure their products are safe for consumers. Under product liability laws, defective products are any products that are unreasonably dangerous, even when consumers use them based on their intended purpose without alteration, misuse, or interference.

Product liability laws are intended to hold negligent parties responsible for injuries caused by their defective products. Patients who have been injured by Bair Hugger Warming Blankets can bring a lawsuit against the designer of the product, the manufacturer, or any other parties who are responsible for how the product works or is commonly used.

In some instances, injured parties can sue multiple parties for their injuries. An experienced product liability lawyer will review the facts of your case and help you determine your best legal options for recovery.

What is a Defective Design?

Any product can potentially be defective if it is unreasonably harmful and places users at risk of injury. Typically, North Carolina courts will consider the following factors to determine whether a product is defective:

  • The design of the item
  • How the item is reasonably used
  • The manufacturer's instructions and warnings
North Carolina's Statute of Limitations for Product Liability Lawsuits

Under North Carolina law, there are three main theories for product liability lawsuits. The first is a failure to warn a customer of the dangers inherent in the product, the second is a design defect, and the third is manufacturing defects.

If you have been injured by a warming blanket, it is important that you speak to an experienced lawyer as soon as possible. You must file your legal claim within three years of the date or your injury. This requirement is called the statute of limitations. If you do not file your lawsuit in time, you will lose your ability to bring a lawsuit.

Filing a Product Liability Lawsuit

Any patient who has been injured due to medical malpractice or product liability has the legal right to file a lawsuit to seek financial compensation. In every product liability lawsuit, plaintiffs need to prove the following four elements:

  • The defendant manufactured, designed, or distributed the Bair Hugger Blanket
  • The Bair Hugger Blanket was defective in its design or manufacturing due to the defendant's negligence
  • The defect happened because of the plaintiff's losses, injuries, or damages
  • Your injuries as the plaintiff are real and have caused you financial harm

Defective design lawsuits require you to prove that the design of the Bair Hugger Warming Blanket was deficient. You will need to prove that the designers could have designed the product better and that their negligence caused your injuries. The most common injuries caused by blankets are serious infections, sepsis, and, in rare cases, death.

People who go through joint replacement surgery are at a higher risk of developing an infection due to bacteria spreading throughout the blanket. This bacteria can become trapped under the skin after the surgeon closes up a wound. When an infection becomes deep and buried in the joint, you might require additional surgeries or even amputation.

Contact Our Product Liability Lawsuit as Soon as Possible

At Arnold & Smith, PLLC, we have represented many patients who have suffered injuries due to defective product design. We can review the facts of your case and help you determine your best legal strategy for recovering compensation for your injuries. Contact our Charlotte product liability lawyers as soon as possible to schedule your free, initial consultation to learn how we can fight for you.

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