Product liability is the area of law under which manufacturers, distributors, retailers, and others who make products available to the public are held responsible/liable for any injuries a defective product causes. Under U.S. laws, these individuals and companies can be held accountable for injuries that the public suffers when using products as intended. A Columbia, SC product liability lawyer can make it possible for you to seek justice on behalf of injuries you’ve suffered.
If you choose to file a lawsuit against a manufacturer who was careless or negligent in designing a product or used unsafe materials, you and your family may be able to receive financial compensation that can go towards medical expenses, loss of wage costs, pain and suffering costs, and other associated recovery costs. In addition, they’ll remember that the health and safety of American consumers must be prioritized.
The attorneys at The Solomon Law Group have successfully handled personal injury and wrongful death cases related to defective products on behalf of South Carolina citizens. With access to national experts and a legal understanding of the complexity of product liability litigation, our firm has the expertise to settle your defective product claim.
Types of Product Liability/Defective Product Claims We Handle
A defective product claim can be filed for any type of product which is used as intended and causes serious injury or long-lasting negative health effects. Some of the most common products we help file lawsuits for include the following:
- Defective tools, machinery, and industrial equipment
- Faulty construction equipment
- Recreational equipment and vehicles like motorcycles, bicycles, and ATVs
- Dangerous appliances
- Defective toys
- Defective cars
- Defective auto parts that lead to vehicle failure
- Defective safety devices in vehicles like airbags, seat belts, or car seats
- Defective medical devices
- Dangerous prescription drugs and medication
- Toxic chemicals and substances like asbestos, pesticides, and mold
What Makes Products Defective?
When a product is manufactured and placed on the market, it’s assumed that it will be safe. Products are required to be tested by law, but in some cases, corporations may omit testing phases or find a way to omit certain testing results altogether.
The FDA, for example, has requirements in place for all food, drug, and medical device manufacturers, but companies often find loopholes to testing procedures or find ways to omit test results in order to get their product to market quicker. Many products are also not properly tested for long-term use. This is especially true of medical devices and prescription drugs.
When a product ends up harming an individual or a group of individuals, the manufacturer will generally place a recall on the product once they figure out if the entire line of products needs to be taken off the shelves. Many product recalls can be found on the Consumer Product Safety Commission’s website. Oftentimes, however, these recalls do not come fast enough.
Product defects usually present in three main categories:
- Design defects/Faulty design – In these cases, the product manufacturer, engineer, or designer is usually held liable. These cases often happen when a corporation is trying to make products as cheaply as possible. They may decide to cut corners in designing the product which may make the item unsafe.
- Manufacturing defects – In these cases, the product manufacturer is generally held accountable for injuries. These types of defects may affect a single unit or an entire product line depending on how the defect happened. Was a factory worker distracted and failed to use the correct part? Was a quality checker overworked? Both instances are examples of manufacturer negligence.
- Faulty advertising, packaging, or labeling – In these instances, a product’s package designer, retailer, distributor, or advertiser may be found liable. All products must be sold with adequate safety warnings in place and must be simple to understand. If these warnings are not in place, consumers may become injured. This is also sometimes what’s known as a “failure to warn”.
What Must I Prove in a Defective Product Claim?
Product liability lawsuits can be incredibly complex. To prove your claim is valid and that you and your family deserve compensation for injuries which occurred, you’ll need to prove three things to a South Carolina court:
- The product was purchased in an unsafe or defective condition
- The defect directly resulted in the victim’s injuries and/or condition
- The item was used as intended
The third point is especially vital. If you purchased a product and did not read the safety warnings or used the product in a way that would be considered unintended by most consumers, your defective product lawsuit may not hold ground in accordance with state laws.
To prove all three points, you’ll need the help of an experienced and qualified product liability attorney in Columbia. Expert testimony and sound evidence will be needed to help prove your case. The attorneys at our firm will be able to help you provide both to ensure your case is as solid as it needs to be.
Find a South Carolina Product Liability Attorney Near You
If you or a loved one has been injured or died after using a defective product, contact The Solomon Law Group for a free consultation. We’re happy to speak with residents and their families in Columbia or anywhere in South Carolina. With our expertise, you and your family can find the road to recovery while ensuring the guilty product manufacturer doesn’t harm anyone else again.