Product liability is the area of law under which those who make products available to the public are held responsible for any injuries a defective product causes. Under U.S. laws, the individuals and companies can be held accountable for injuries that the public suffers when using products as intended. A Columbia product liability lawyer can make it possible for you to seek justice and recover compensation for what you’ve been through.
If you choose to file a lawsuit against a manufacturer or other party 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 toward medical expenses, loss of wage costs, pain and suffering costs, and other associated recovery costs. In addition, the negligent party will be reminded that the health and safety of U.S. consumers must be prioritized.
The attorneys at Solomon Law Group, LLC have successfully handled personal injuries related to defective products on behalf of South Carolina citizens. With access to national experts and a legal understanding of the complexity of defective product litigation, our firm has the expertise to settle your claim.
Product Liability
Product liability is the area of law under which manufacturers, distributors, retailers, and others who make products available to the public are held responsible for any injuries a defective product cause. In South Carolina, that law defines the liability of a seller for a defective product in the following way:
“(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm caused to the ultimate user or consumer, or to his property, if
(a) The seller is engaged in the business of selling such a product, and
(b) It is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.”
Of course, no company likes to admit that its product causes harm. Their first response to a product liability claim is to deny any responsibility. That is when you need an experienced product liability lawyer to step in and advocate on your behalf.
The Solomon Law Group, LLC, has extensive experience in litigation and product liability negotiation. We understand the law and know how to overcome the challenges of establishing liability against major corporations.
With 24 years of experience, we’ve secured compensation for our clients totaling over $68 million.
We are the exact type of product liability attorney you want on your side.
Under U.S. laws, these individuals and companies can be held accountable for injuries the public suffers when using products as intended. A Columbia product liability lawyer can make it possible for you to seek justice and recover compensation for what you’ve been through.
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 toward medical expenses, loss of wages, pain and suffering, and other associated recovery costs.
In addition, the negligent party will be reminded that the health and safety of U.S. consumers must be prioritized.
Before you set up your free case evaluation with The Solomon Law Group, LLC, it will help to understand what these types of claims are all about and how you could benefit from the support of a skilled defective product attorney.
What Are the Common Types of Product Liability Claims?
A defective product claim can be filed for any type of product that 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:
- Equipment and tools failures
- Machine design defects
- Defective household appliances
- Manufacturing defects
- Pharmaceuticals and Prescription Drugs
- Defective medical devices
- Construction Equipment
- Toys
- Child car seats
- Tires
- Air bags
- Recreational equipment
- Toxic chemicals such as pesticides and solvents
- Ladders
- Lithium batteries
The products listed above are not the only ones that can be defective. If you’ve been injured by any product, you have the right to contact a Charleston defective product lawyer at The Solomon Law Group, LLC, to discuss the possibility of a claim.
What Makes Products Defective?
When a product is manufactured and placed on the market, it’s assumed to be safe. Products are required to be tested by law. For example, the Food and Drug Administration (FDA) has stringent requirements for drug testing, with some drugs taking between 10 to 15 years before a drug is available to consumers.
Unfortunately, some corporations may omit testing phases or manipulate certain testing results to conceal them altogether. The primary reason for doing this often revolves around the bottom line, with the goal of maximizing profit. Many products are also not properly tested for long-term use. This is especially true of medical devices and prescription drugs.
When a product harms 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. It is also important to remember that just because a company issues a recall does not make them immune from legal action.
A knowledgeable product liability attorney in South Carolina won’t hesitate to take on any company, regardless of their market dominance.
Product defects are usually present in one or more of the following three categories:
- Design Defects. In these cases, the product’s manufacturer, engineer, or designer is usually held liable. These cases often occur when a corporation is attempting to produce products as cost-effectively as possible. They may decide to cut corners in the product design, which could make the item unsafe.
- Manufacturing Defects. In such cases, the product manufacturer is typically held liable for any resulting injuries. These types of defects may affect a single unit or an entire product line, depending on how the defect occurred. 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 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 clearly and simply explained. 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. Generally, there are three possible types of cases, depending on the type of defect and the resulting injury.
Those types are:
Negligence
If the case revolves around negligence, the claimant must show that carelessness in the design of the product led to their injuries. To prevail in a claim, the consumer and their products liability lawyer must show that the defendant had a duty to sell a safe product. Then, it has to be proven that the duty was breached. Finally, it must be demonstrated that the design defect is what caused the injury.
A negligence action typically involves the company having previous knowledge of the design flaw. This is where the issue of skipping testing or omitting the findings comes into play. Your product liability law firm could use the safety devices offered by competitors as proof of negligent design.
Strict liability
Many product liability cases are pursued under the theory of strict liability. This means that the injured party only has to prove that the defect exists and harm resulted, but the manufacturer doesn’t have to be aware of the hazards. If it is proven that the defect exists, the manufacturer may be deemed strictly liable for any resulting damages.
Breach of warranty
Finally, some defective product claims involve a breach of warranty. When a product is sold, there are two warranties that a buyer relies on. The express warranty involves any representation of the product and its safety made by the retailer or manufacturer. An implied warranty is a promise by the manufacturer that the product will not cause harm if used as intended. This is similar to the strict liability theory in that the manufacturer does not have to have prior knowledge of a defect in order to be held liable.
In all scenarios, it’s important to show that the product was being used as intended. 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 your case, 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.
Benefit from an Experienced Columbia Product Liability Lawyer?
It’s crucial to remember you are under a time limit to file your claim. In South Carolina, the statute of limitations allows victims three years for product liability claims related to personal injury, wrongful death, and property damage. If the breach of warranty is discovered, the victim has six years.
Failing to file within this time will result in the case being dismissed.
Don’t miss out on your opportunity to receive the compensation you need to get your life back in order. We’re happy to speak with residents and their families in Columbia or anywhere in South Carolina.
If you or a loved one has been injured or died after using a defective product, contact The Solomon Law Group, LLC, for a free consultation. With help from our Columbia product liability lawyer, you and your family can find the road to recovery while ensuring the guilty product manufacturer doesn’t harm anyone else again.
