When you use a product, you should expect it to be safe or at least to be warned about the dangers.
Sometimes companies don’t take reasonable steps to protect their customers. They may sell products that may not have been thoroughly tested, ignore steps to keep users safe, or even lie about the safety of a product.
If a dangerous product has hurt you, you may deserve compensation. The Jeffcoat Firm Injury Lawyers help people get compensated for their injuries in Orangeburg and all of South Carolina.
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Common Types of Product Liability Lawsuits
If a company produces a defective product and you are hurt as a result, you may be able to receive compensation.
Here are some examples of common product liabilities:
- Pharmaceutical and prescription drugs that cause excessively harmful side effects
- Defective household products
- Tool, equipment, and machinery failures
- Dangerous toys and recreational equipment
- Motor vehicles recalls
Building a Product Liability Claim
Product liability injuries may be due to design and manufacturing defects and failures to warn. To prove your case, you must provide the following:
- Proof that a design defect exists that makes the product unreasonably dangerous.
- Proof that the product is unsafe for its intended use and other reasonably foreseeable uses.
Defects may be due to poor manufacturing, not enough testing, or harmful materials being used. Companies may also be liable if they failed to provide warnings that make the consumer aware of possible dangers or didn’t include instructions to keep the consumer safe.
Although the Consumer Product Safety Commission and FDA are responsible for approving new consumer products, the overwhelming amount of goods that pass through make it impossible for them to test everyone. Therefore, it is not uncommon for injuries to occur.
Who Can Be Held Liable for a South Carolina Product Liability?
When a product is found to be defective and cause injuries, there are several groups of people that may be at fault.
The manufacturer will be responsible for a poor design. It’s important to figure out what manufacturer(s) are at fault. For example, if you have a cell phone and the battery catches fire, the manufacturer of the phone and the manufacturer of the battery may both be at fault.
Even though the retailer didn’t make the product, they may still be at fault for selling you a dangerous product.
Wholesaler or Distributor
The wholesaler or distributor is a middleman between the manufacturer and retailer. Like the retailer, while they did not make the product, they may still be at fault for their role in distributing something that will hurt people.
It is important to note that you don’t have to be the user or buyer of the product to file a claim. If you were injured by the product, you may have the right to be compensated. If someone nearby was using a product and you ended up getting injured while it was in use, you may be able to file a claim.
What Should I Do After Being Injured by a Defective Product?
Here are the steps you should take after being injured by a defective product.
- Leave the Product in One Piece: After being injured by a product, don’t attempt to take it apart or fix it. Leave it intact and store it in a safe place.
- Keep Your Receipts: Find any documentation of buying the product, such as a receipt or proof of purchase and keep it somewhere you won’t lose it.
- Take Pictures: A picture tells a thousand words. After an incident occurs, use your phone to take photos of any injuries and do your best to document how the product caused the damages.
- Seek Medical Help: It’s essential to seek medical help immediately. A doctor will document your injuries and treat you appropriately as a result of the incident.
Do I Need a Lawyer to Represent Me in a Defective Product Lawsuit?
Product liability accidents are never easy. For one, it’s difficult to determine who is at fault. Do you go after the manufacturers? The retailer? The testing company? Or all of the above?
When you start a liability case, you may go against a team of corporate lawyers skilled in defending their clients. They will do anything they can to waste time, give you a lowball offer, or try to make it seem as if their clients are not at fault.
If you have a good lawyer on your side, they will be able to prove who is at fault and work to get you fully compensated.
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Why the Jeffcoat Team may be the Best Choice for Your South Carolina Product Liability Case
If you are looking for a lawyer to represent you in your South Carolina liability case, you need to find someone who has a track record for success.
The Jeffcoat Firm is a team of attorneys serving Orangeburg, South Carolina with tons of experience in the field of personal injury law. We fight large corporations to help protect everyday people.
Don’t let big companies win. An injury can ruin your life. Get your life back. Call The Jeffcoat Firm for a free consultation and take the first step in fighting back.