Product Liability Lawyer In Charleston, SC

Consumers in South Carolina have a right to expect that all products they buy will function as advertised. We also should expect those products to be used safely without injuring us. When a defective product causes you injuries, you could be eligible to file a product liability lawsuit. If you think you were hurt by a defective product, Palmetto State Injury Attorneys would like to talk to you today.

Product Liability Lawsuit Overview

A product liability lawsuit is a civil claim that attempts to hold a manufacturer, retailer, or designer accountable for injuries that a consumer sustains when using a product in an intended manner.

However, there are limits to making a product liability claim; if you used the product in a way that was not intended, you might not be able to recover damages. South Carolina uses modified comparative negligence rules, so if you were partially to blame for your injuries, you could receive less compensation - but you still have the right to partial compensation.

Three Types Of Product Liability Claims

Three types of defects could be the subject of a product liability claim:

• Design defects: A design defect could imply that the product’s design was dangerous or that the device did not undergo thorough testing.
• Marketing defects: This type of claim is also called failure to warn. A marketing defect happens when the device does not list possible side effects or the company does not disclose possible problems. Failure to warn is often cited in defective medical device and drug claims.
• Manufacturing defects: A manufacturing defect happens during the production or building of the product. This is a rarer type of claim, but it happens sometimes in South Carolina.

In some cases, the defective product may involve more than one category. For instance, GM made a malfunctioning ignition switch and knew it was defective, but they did not do a recall for ten years.

Can You File A Product Liability Claim If You Weren’t Hurt?

Possibly. Not every injury is physical. If you suffered a loss of any type from a defective product, compensation is possible. However, if you did not suffer any type of loss, a product liability claim may not be feasible. For instance, if you purchased a lawn mower and it didn’t make your grass look good, you can’t sue for damages. But if a sharp piece of metal on the edge of the mower sliced open your hand, you could have a claim. If you are unsure if you have a viable claim, speak to Palmetto State Injury Attorneys today for advice.