Answers on Defective Products From a Charleston Product Liability Lawyer
Could you sue for a faulty medical device? How can you tell who is responsible after a household item catches fire? A South Carolina defective product lawyer answers the most common questions about malfunctioning devices causing injury.
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What should I do if I am hurt by a defective product?
After seeking medical treatment, it is absolutely vital that you preserve the product and evidence in its current condition. Under South Carolina law, it is impossible to prove a product is defective if you do not have the product on hand. The reason for this is that product liability requires expert opinion of engineers, designers, etc. to test the product and determine its design and function. If you have been injured by a defective product, I would contact an experienced South Carolina product liability lawyer as soon as possible so that they can preserve the evidence and protect your right if you wish to pursue a claim.
Who is liable if I am hurt by a defective product?
In theory, any manufacturer, designer, seller, distributor, lesser, or any party having any responsibility with placing the defective product “into the stream of commerce” may be held liable for injuries caused by a defective product. The specific individuals and corporations to include in a product liability claim takes extensive investigation and inspection prior to filing a product liability lawsuit. It is also helpful to investigate the specific cause of the defect prior to filing suit so that the appropriate parties can be included in any product liability lawsuit.
What are common types of product defects?
- Automotive Defects: This can include an airbag failing to deploy as required, a tire blowout, seatbelt failing to work properly, or any other part of a car not working right.
- Medical Devices and Pharmaceutical Drugs: This can include medical devices such as hip replacements that have failed, vaginal mesh, or any other implant that has failed to work properly and resulted in injury or harm. This can also include side effects of drugs.
- Household Goods: Children toys, home appliances, grills, household chemicals and products
- Food and Agricultural Products: This can include any type of food, beverage, or livestock that is produced and consumed by consumers. Under certain circumstances, if you can prove that some type of sanitary restrictions or laws were broken, you may be able to prove negligence and establish a product liability claim.
- Machinery: Many types of power tools and heavy machinery carry known risk in their intended use. However, manufactures are still required to give adequate warnings of any foreseeable risk in using the product, along with any foreseeable misuse of the product that may result injury to the user.
- Recreational: This can include any type of defect in playground equipment, recreational games, or amusement park rides that are defective and result in injury to its users.
What is “product liability?
Product liability is simply a legal term that refers to the ability to hold a designer, manufacturer, seller, distributor, lesser, or furnisher liable for a product they made or sold that caused harm to an individual. In essence, any person or business that was responsible for introducing the product into the general public may be held liable and pay for damages if the product results in injury to a person.