DEFECTIVE PRODUCTS ATTORNEY IN ANDERSON, SOUTH CAROLINA

You expect that the products you use will be safe. You expect that you can drive your car without the gas tank catching fire, that the emergency switch-off button will work if the electric space heater falls over, or that your infant’s safety seat will keep them safely secured if you are in a collision.

When products fail, is it just an accident, or is someone to blame?

Defective products cause injuries and deaths every single day. Those who are injured and the loved ones of those who are killed are left with financial and emotional damages. If the manufacturer, seller, or any other party was negligent, they should and can be held accountable.

Call us at the David F. Stoddard Law Firm if you have been injured by a defective product or if someone you know has been incapacitated or killed due to a defective product in Anderson, Pickens, Liberty, Northlake, or anywhere in Greenville County, South Carolina. If you have a personal injury or wrongful death claim, we can help you pursue it.

HOW DO DEFECTIVE PRODUCT CLAIMS WORK IN SOUTH CAROLINA?

Product liability can be established in South Carolina based on three key areas. First, a manufacturer might have allowed a product into the market even though it was defective. For example, a car tire with a manufacturing defect was not culled by quality control measures.

Second, the product’s design could be faulty and lead to injury even when used correctly. A poorly designed shelving unit that falls over or a power tool guard that is not in the proper location to protect the user as it should are two examples of design defects.

The third type of claim results from a failure to warn. This involves improper instructions regarding the safe use and potential hazards of a product. This might be a swing that does not warn of the maximum weight it can bear.

CAN USERS BE HELD RESPONSIBLE FOR THEIR INJURIES?

South Carolina observes the doctrine of comparative negligence which means more than one party can be legally liable for the damages incurred by victims, including the victims themselves. However, so long as victims are less than 51% at fault, they can still pursue personal injury or wrongful death claims against the other negligent parties.

Perhaps a faulty product you were using failed but you were not using the product as directed. You could be held partially at fault for your injuries, but if it’s less than 51% fault, you can still pursue a claim. Your compensation would be reduced by the percentage of fault assigned to you.

HOW IS LIABILITY DETERMINED IN SOUTH CAROLINA?

Product liability claims can use one of two legal theories in South Carolina. With a negligence claim, you must prove the manufacturer owed a duty of care to users of its product. In fact, all manufacturers do owe that duty.

You must then prove that the manufacturer somehow breached that duty of care in the product’s manufacturing process, by its design, or by its failure to warn of potential hazards. Then, you must prove that the injuries sustained were caused by the breach of that duty and that you sustained damages, such as medical expenses, lost wages, and pain and suffering, as a result.

The second legal theory is that of strict liability. You do not need to prove negligence in this case; however, you must prove that the product sold was unreasonably dangerous, that the dangerous condition was present when it left the control of the manufacturer or seller, and that it was that dangerous condition that caused your injuries or a loved one’s death.

A personal injury and wrongful death attorney experienced with product liability cases will be able to determine which liability theory you can use to pursue compensation for your harms and losses.