A defective product is a product that fails to live up to your expectations, but it can also seriously injure you, leaving you with lasting pain and hardship. To ensure that you receive the compensation you deserve for injuries or damage a defective product has caused you, you should consult an experienced defective product attorney who can represent you under the consumer protection laws of South Carolina.
Protect Your Legal Rights
Defective products and product liability is the area of law dealing with liability on the part of the manufacturer, wholesaler, or retailer of a product that causes injury or harm. Other parties that can be held responsible for your injuries include the maker of component parts of the product, the assembler, the store or other seller of the product, and/or possibly even other parties in the distribution chain. You can file a claim of product liability even if you weren’t the purchaser of the product. You should contact a South Carolina product liability lawyer to file a claim.
Defective products and product liability claims require that certain circumstances be proven before the claim can be considered successful. These circumstances involve manufacturing defects, design defects, and failure to warn marketing defects.
[li]Marketing defects are those defects that elude consumers’ awareness because of inadequate warning about potentially — yet not readily apparent — dangerous components of a product.[/li]
[li]Manufacturing defects are those defects that occur during the manufacturing process. These defects can be attributable to inherently dangerous or useless design.[/li]
[li]Design defects are attributable to inherently dangerous or useless design. [/li]
In South Carolina, Strict liability, allows an action against a manufacturer that sells any defective product that causes an injury to a buyer or anyone who uses it. A product can be defective in design, manufacture, or labeling.
Strict liability holds designers and manufacturers of the defective product liable for injuries from defective products. Under the law of strict liability, if you are injured by a defective product, you do not have to establish negligence of the manufacturer. Strict liability claims must meet the following conditions:
[li]The product had not been altered from the condition in which it was sold;[/li]
[li]The product has an “unreasonably dangerous” defect that injured you;[/li]
[li]The defect caused injury during routine use of the product;[/li]
South Carolina law limits how long after the product has been sold to the public that the manufacturer or seller can be subject to liability laws. It is important, therefore, that you keep all receipts, registration cards, and credit card bills in order to provide proof of the product’s age to the manufacturer’s insurance company. It is also important that you demonstrate that you discontinued use of the product once you became aware of its defect. Otherwise, you risk losing your personal injury claim.
South Carolina Defective Product & Products Liability Attorney
If you find you or someone you know has suffered injury from a defective product, we encourage you to contact a defective product attorney at Smith & Haskell Law Firm, LLP at 864.582.6727 to schedule an appointment today to discuss the legal options. Speak to a defective products lawyer trained in South Carolina rules and regulations governing product liability.