When you buy a product, you expect it to be safe. If there are any dangers related to using the product, you may assume that these dangers would be included on the label so that you have the information you need to make a wise choice. However, this is not always the case. Sometimes companies release products that are not safe to use and keep this information a secret. It may be that they want their product to sell, or they may not have properly tested the product, so they are not aware of the dangers.
If you are hurt from using a dangerous product you may be qualify for compensation.
Jeffcoat Injury and Car Accident Lawyers have an office in Blythewood, SC & have years of experience dealing with product liability law.
Examples of Product Liability
Here are some common examples of product liability:
- Recalled motor vehicles
- Pharmaceuticals including prescription and over the counter medications
- Defects in heavy machinery and power tools
- Unlisted toxic chemicals in household products
- Children’s toys with unlisted hazards
- Defective medical devices
- Unsafe car equipment
When is the Manufacturer Held Accountable?
There are three common circumstances in which a manufacturer may be accountable for a defective product. These are as follows:
- Defective Design: This refers to a product that is dangerous due to the way it was designed.
- Manufacturing Defect: A manufacturing defect happens when the product was not made properly.
- Failure to Warn: An unsafe product may be released on the market, but it’s up to the company who put it out it to let consumers know about possible dangers so they can use it safely. If they fail to put the proper warnings on the label and an injury occurs, the company who released it may be liable for damages.
Who is Responsible for a Product Liability Claim?
There are many parties who may be responsible for a product liability claim. These include:
Manufacturer: 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.
Retailer: 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 the role they played in distributing something that caused an injury.
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 still be able to file claim.
How Do I Win a Product Liability Case?
To win a product liability case, you must prove that the manufacturer, designer, retailer, testing company, and/or distributor were negligent and that it was their negligence that caused your injury. To do this, you will have to show the following:
- That the product had a dangerous defect that caused the injury.
- That the product that caused the injury when it was being used in a way that it was intended to be used.
- That the product had not been changed from its original condition to cause the injury.
- That you were not warned about the risks of using the product
Who Can File a Product Liability Claim?
Anyone who was injured by a defective product can file a product liability claim. You don’t need to be the person who bought the product or even the person who used the product.
What Kind of Damages Can I Collect in a Product Liability Claim?
If you became injured while using a defective product, you may be able to collect the following damages:
Economic Damages: Economic damages include a loss of wages, immediate and ongoing medical expenses, and damage to personal property
Non-economic Damages: Non-economic damages include physical and emotional pain and suffering.
Why Jeffcoat Injury and Car Accident Lawyers may be the Best Choice for Your South Carolina Product Liability Lawsuit
A product liability lawsuit requires you to go up against a huge corporation that is likely to have a skilled legal team that will do everything they can to pay you as little as possible. A good lawyer can help and guide you along the way and work to get you maximum compensation.
With an office in Blythewood, South Carolina, Jeffcoat Injury and Car Accident Lawyers are not intimidated by big companies
Don’t let big companies win. An injury can ruin your life. Get your life back. Call Jeffcoat Injury and Car Accident Lawyers for a free consultation and take the first step in fighting back.
