One common type of product defect is one that arises during the manufacturing process. Manufacturing defects involve a flaw in the production process rather than the design, and product manufacturers are often held liable in these cases.
We often put a lot of faith in manufacturers to protect our well-being as consumers. However, the unfortunate truth is that it’s all too common for dangerous and defective products to cause serious injuries to consumers, leading to both physical pain and costly medical expenses. It’s important for victims to know that South Carolina laws provide protections and methods for seeking compensation and justice when unsafe products cause harm.
If you’ve been injured by a dangerous or defective product in Summerville, you may need to make a product liability claim to get fair compensation. Unfortunately, these cases can be incredibly complex and difficult, with high-powered defense teams fighting your every move. That’s just one of the many reasons why getting help from a Summerville product liability lawyer is essential for defective product claims. Keep reading to learn more about how a Summerville defective product lawyer can help with your claim.
Common Types of Product Liability Claims
There are three primary types of dangerous defects recognized by South Carolina product liability law: manufacturing defects, design defects, and marketing defects.
Manufacturing Defects
Design Defects
Design defect claims involve products that are unreasonably dangerous due to an issue with the design itself. For design defects, the liable party may be either the manufacturer or whoever was responsible for the design.
Marketing Defects
Rather than involving a defective design or poorly-made product, marketing defect cases occur when an otherwise safe product causes harm due to inadequate instructions or inadequate warnings, with manufacturers, distributors, and retailers each potentially bearing legal responsibility.
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How Does South Carolina Determine Liability in Product Liability Cases?
South Carolina follows a strict liability standard for dangerous product claims. This means that victims may be able to pursue compensation without proving that negligence occurred. Instead, your attorney will need to establish the following:
- That the product posed an unreasonable risk to consumers, whether due to design or manufacturing defects or a failure to provide adequate warnings about potential hazards
- That the defect existed when the item was in the responsible party’s control
- That the unreasonable risk was the cause of your injuries
- That the defective product caused real harm, such as injuries, lost wages, or emotional trauma
Keep in mind that having the right evidence to support each aspect of the legal argument laid out above will be essential to your case. You will need to preserve the defective product and work with a lawyer to access expert testimony from medical professionals and product engineers.
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(843) 832-1120Product Liability Lawsuit Compensation
Product liability damages typically fall into three categories: economic damages, non-economic damages, and punitive damages. While economic and non-economic damages are types of compensatory damages, meaning they reflect victims’ losses, punitive damages are meant as a punishment for extreme wrongdoing by the at-fault party. Common types of economic and non-economic compensation include:
- The cost of medical attention, both current and ongoing
- Lost income from missed work and reduced earning potential
- Disability expenses
- Physical pain and suffering
- Emotional trauma and mental anguish
- Reduced quality of life
- Lost emotional support and companionship
- Scarring and disfigurement
If your loved one died as a result of injuries caused by a defective product, you may have legal options for getting justice and financial relief. Through a wrongful death claim, you can work to ensure the at-fault party is held responsible.
While there is no cap on compensatory damages in South Carolina, punitive damages are more limited. To fight for a full settlement, you should get help from a personal injury attorney with experience handling defective product cases.
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Get Help From a Defective Products Lawyer in Summerville, SC
When manufacturers fail to safely design, produce, and represent their products, consumers who are injured as a result deserve fierce legal representation. Here at Crantford Meehan Attorney at Law, we are committed to fighting for the legal rights of product injury victims, working tirelessly to recover full compensation. Our attorneys have a deep familiarity with both product liability and the Summerville legal system, helping you navigate local court procedures effectively.
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(843) 832-1120Frequently Asked Questions
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How long do I have to file a lawsuit for defective product injuries?
There are two deadlines that you need to be aware of for product liability claims: the statute of limitations and the statute of repose. The statute of limitations starts when you discover the injuries resulting from the defect, and the statute of repose starts when you bough the product.
In South Carolina dangerous product lawsuits, the statute of limitations is three years, and the statute of repose is eight years. This means that you will either have three years from the date of discovery of your injury or eight years from the sale of the product in which to take legal action, with the priority falling to whichever deadline comes first. In other words, even if you were injured by a faulty product, if you bought it more than eight years ago, you won’t be able to file a legal claim.
With the importance of meeting these deadlines in mind, it’s clear why it’s so vital to quickly get legal help after a product injury.
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How much does a personal injury lawyer cost in Summerville?
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Do I have legal options if I was partially at fault for my injury?
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What areas of South Carolina do your product liability lawyers serve?
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