Legal Question in Personal Injury in North Carolina

Re: Any NC statutes hold store 100% liable for injuries?

This case falls in to a peculiar crack. It is not a typical products liability claim because your mother had not purchased the product. The claim would probably be covered by general "negligence" principles. The most anagous cases seem to be those involving falling objects in stores. We need more facts about how this accident occurred; in particular, is it clear that the device was not working properly? If your mother simply mis-used the item, then her claim should be very difficult. If, the device was "defective," then there may be a valid claim, but you would still need to show "negligence" by the store. The negligence would probably consist of a failure to inspect (and/or repair) the item, and to a lesser extent based on a failure to warn (or supervise). The primary concern I have (other than whether there was a defect) is the extent to which the store, which handles used items, has a duty to inspect the items for safety. They can argue that with the volume of items received, they cannot inspect everything, and cannot "guarantee" the safety of the items in the store. This would seem to raise a difficult question. If the product was defective, and if your mother was using it correctly, then I am not nearly as concerned about contributory negligence (assuming she was not aware of the hazard, and was using the item in a normal manner). You may want to contact other lawyers in your area for further assistance. This issue is highly fact-intensive, and an attorney needs all the facts. In order for your mother to win, she must prove the negligence of the store, and avoid a finding of her own negligence. Finally, the store may have "med pay" coverage, which could pay for some of the medical expenses.