3M EARPLUGS ATTORNEYS

For over a decade, 3M sold earplugs to the armed forces, which issued them to troops. The earplugs were generally used during activities in which service members were continuously exposed to dangerously loud noises, such as gunfire or explosions in active combat, or in the testing of equipment or devices on military bases. The earplugs had two ends. The yellow end of the earplug was intended to block out loud noises but allow the user to hear quieter sounds, while the green side was meant to work like a typical earplug, blocking out all noise. Due to a flaw in the design of the earplugs, however, the earplugs could not maintain a tight seal in the ear but would become loose, exposing unwitting service members to unsafe noise levels. Therefore, many service members ultimately developed permanent hearing loss and tinnitus, which is the term for constant ringing in the ears.

If you suffered harm due to defective earplugs that you were issued as a service member, the 3M earplug injury attorneys at our North Carolina and South Carolina firm can help you pursue damages via a product liability lawsuit. Under North Carolina law, a person asserting a product liability claim must show that the manufacturer of the product was negligent to prove that the manufacturer should be held accountable. In other words, the person must produce evidence establishing that the manufacturer failed to exercise due care, the lack of care caused the product to be defective, the defect existed when the product left the manufacturer’s control, and the defect caused the person’s injuries.

While there are several ways in which a product can be defective, in cases involving 3M military earplugs, the injured person will most likely allege that the product was defectively designed, resulting in an unreasonable risk of harm. A victim who successfully proves that a manufacturer is liable may be awarded compensatory damages, such as compensation for medical bills, pain and suffering, and loss of earnings.

Our North Carolina and South Carolina 3M earplug injury attorneys also represent plaintiffs who are pursuing damages in South Carolina product liability lawsuits. Plaintiffs in South Carolina are not limited to negligence claims. They can assert breach of warranty claims and strict liability claims as well. Strict liability claims, unlike negligence claims, do not require the plaintiff to prove that the manufacturer breached a duty of care. Instead, the plaintiff must show that the product in question was defective, the defect existed when the product left the manufacturer’s control, and the defect caused the plaintiff’s harm. As in North Carolina, a plaintiff pursuing claims based on injuries caused by a defective product in South Carolina may be awarded compensatory damages.