South Carolina Product Liability Attorney
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South Carolina Product Liability Lawyer
Everyday consumers like you expect the products you buy to function with a reasonable level of safety. When a particular product malfunctions, it can cause shock as well as serious injuries. Almost any product can contain a defect that can cause injury. Many believe that product recalls are a thing of the past, but they are extremely common. Fortunately, it is possible to seek justice for injuries caused by malfunctioning products.
If you have been injured in a case of product liability, you may be able to obtain funds through a personal injury lawsuit in South Carolina or North Carolina. Filing a lawsuit can seem confusing, and you may not know where to begin. With mountains of paperwork and complex legal processes, winning a civil suit can be difficult. We can help! While you focus on your recovery, our dedicated legal team will handle all the legal aspects of your case.
What is Product Liability?
In the course of creating a product to sell to consumers, any number of things can go wrong. The technician may have skipped a step building a product resulting in it acting dangerously. A machine used in the process of building the product may have malfunctioned resulting in a defective part of the final product. The product’s marketing team might engage in false advertising. While there a number of reasons a product might malfunction, cases of product liability are similar. Each product liability case involves a defective product, an injury that was caused by that product, and a party that is responsible for the product malfunction.
In general, product defects can be placed into one of the categories listed below:
When a product is being assembled or built, there may not be adequate quality control or someone may have made a mistake constructing. This lack of oversight can lead to a number of product defects, such as unstable assembly, sharp edges, and the inclusion of toxic materials.
Design defect is how it sounds – the product, as designed, is unreasonably dangerous and the designer, manufacturer, and seller of the product did know or should have known about its defect. Often times the flaw in a product can be traced back to the beginning. Much can go wrong when a product is being conceived. For example, the item might work in theory but completely malfunction once it is produced.
This type of malfunction typically involves inaccurate warranties and false advertising. When a warranty makes promises that are not kept, injuries can result. You might also be hurt when you try to use a product as shown in a commercial and it does not function as expected.
4 Types of Product Liability
South Carolina, North Carolina, and federal law require commercial producers to maintain certain safety standards. If these laws are broken when someone is harmed by a defective product, those responsible can be held accountable in court. While the law is designed to protect consumers, it is often difficult to prove a case of product liability in court. As a result, product liability attorneys use theories or explanations that can be used to prove that a person or company should be held liable for a person’s injuries.
Theories of product liability include, but are not limited to:
This theory utilizes the protections outlined in the Consumer Protection Act, which state that companies have a professional obligation to protect the safety of consumers. If you are hurt by a defective product, the company should be held accountable.
Often times, a product is shown doing things that it cannot actually do. This is false advertising. If you attempt to use a product as it was shown in an advertisement and hurts yourself, you have a right to seek funds from the company responsible.
A warranty is a document that outlines how a product is supposed to function. When these documents are untruthful or when they lie by omission, the company responsible can be held liable for any deaths or injuries that result.
In certain cases, the company producing a product may act or fail to act in such a way that injury is caused. Failure to take reasonable care or to properly investigate complaints may be negligent activity for which a company can be held liable.