Product manufacturers have a crucial responsibility toward their consumers. They must ensure the goods they produce and sell are safe for consumer use, and that they contain adequate warnings of any inherent dangers. Unfortunately, manufacturers and other parties in the distribution chain sometimes produce a dangerous or defective product that injures consumers. In certain cases, the injured person may be able to pursue compensation and accountability. To find out if you have a defective product claim, please call our experienced South Carolina attorneys – 24 hours a day, 7 days a week – at (855) 270-5760. We proudly serve Charleston, Goose Creek, Summerville and the surrounding areas.
Please learn more about product liability and defective products:
- What is Product Liability?
- What is a Defective Product?
- Three Categories of Defective Product Cases
- Determining Who is At-Fault
- Damages in a Defective Product Case
- What is the Statute of Limitations?
- How Do I Know If I Have a Case?
- Top 3 Questions to Ask Your Attorney
- Your Free Case Evaluation
What is Product Liability?
Product liability, also referred to as defective product cases, is the area of our practice that deals with injuries caused by a faulty product. There are many different ways in which a consumer may be injured by a dangerous or defective product, and at the Steinberg Law Firm, we have helped clients whose injuries were caused by:
Taking legal action in any of these circumstances not only provides injury victims with much-needed financial compensation, but it can also help alert others to a very serious, potential threat.
What is a Defective Product?
Virtually any type of product can be defective or faulty. During your free consultation, our attorneys can determine whether your injury and the type of product qualify. In the past, some of the products that have been the subject of these claims are:
- Medical devices
- Children's toys
- Food products
- Grill brushes
The only way to know if you have a case is to contact our attorneys.
Three Categories of Defective Product Cases
There are three types of defects that product liability claims address:
- Design defects. These flaws are present in the very design of the product, before it is made. Even when the product is manufactured accurately and precisely, there will still be a dangerous defect in the final merchandise.
- Manufacturing defects. These cases deal with products that are designed properly but manufactured in a flawed manner. Some defect or problem arises as the product is being made.
- Marketing defects. These cases deal with the labeling and marketing of a product, including inadequate instructions, insufficient labels or inadequate safety warnings.
Our experienced attorneys can determine if the product that injured you was defective in one of these ways.
Determining Who is At-Fault
There are multiple parties along the chain of production that may ultimately be responsible for defective product injuries. Some of the potentially responsible parties include:
As a team of experienced lawyers, we have the skills and resources to investigate your case and determine fault. Oftentimes the key to these cases is showing that you were injured as a direct result of the defect. Of course anyone can get injured by a product, simply by using it improperly or in a dangerous manner. A chainsaw is a very dangerous piece of equipment; simply getting injured while using the saw isn't enough to pursue a product liability claim. Instead, the injury must have arisen because of a defect and while in the normal operation of the device.
Damages in a Defective Product Case
In addition to holding responsible parties accountable, the purpose of a product liability claim is to pursue compensation for the way the injury has affected your life. Compensation awarded in a claim is referred to as "compensatory damages." When a case is successful, damages may be awarded for some combination or all of the following:
- Current and future medical expenses
- Lost wages from being unable to work
- Rehabilitation therapy
- Job re-training
Our experienced attorneys work efficiently and passionately to pursue every last penny for our clients. Using all of our resources, we will show each and every way the injury has affected your life and livelihood. We demonstrate the life-altering effect the injury has had upon a client's life to judges, juries, mediators or any other interested parties.
What is the Statute of Limitations?
Each state has its own statute of limitations, which basically sets a deadline by which you have to file your claim. In just about all scenarios, a claim cannot be brought once the predetermined time limit from the date of injury passes. Our experienced attorneys can determine if your injury falls within this timeline.
How Do I Know If I Have a Case?
Elements of a defective product case usually include:
- You were injured. For a claim to exist, you must have suffered an injury. In addition, you must be able to show loss of money or other damage caused by the injury.
- The product is defective. You must be able to show the product had a defect, whether it was a defect in design, manufacture or warnings.
- The injury is a direct result of the product defect. You must be able to show that the defect was actually the cause of the injury.
- You were using the product how it was intended to be used. If you were using the product against manufacturer instructions, or in a way that a reasonable person would not use it, it may be difficult to prove the defective product was the cause of the injury.
Our attorneys can determine if these elements are present, and how their presence or absence affects the claim you want to make.
Top 3 Questions to Ask Your Attorney
1. Do I have a case?
The first step is to find out if you even have a claim. The aftermath of a serious injury can be overwhelming. Let our attorneys review the details of the accident that injured you, so that we can provide clear, straightforward answers about your options.
2. What can I do to help my case?
If you do have a case, our attorneys will handle your claim while you focus on healing. Your physical, mental and emotional recovery from the injury is important. As your case progresses, we will inform you of anything you can do to help your claim, such as providing us with documents, medical records, etc.
3. How long will it take to resolve my claim?
There's no way to tell exactly how long a claim will take to resolve, but our attorneys can give you an idea of typical timelines. That way, you can make an informed decision about whether the process is something you want to pursue.
Your Free Case Evaluation
At the Steinberg Law Firm, we have years of experience taking on companies of all sizes when they produce dangerous consumer goods, so if you have been injured by a dangerous or defective product, we can help you fight for justice. Contact the Steinberg Law Firm today or call us at (843) 720-2800 to schedule a free case evaluation with our experienced Charleston product liability attorneys and learn more about what your legal options in this situation may be.