Unfortunately, not every product you buy on the market works the way it should. Some can be so poorly designed or manufactured that they cause you or your loved one an injury. If you are injured when using a product that does not work properly, you can seek compensation from the seller or manufacturer.
When going up against corporations, you will need a reliable Charleston defective product lawyer on your side. Let Trey Harrell Auto Accident and Personal Injury Attorney provide you the guidance you need. Call 843-701-8029 to begin your case for a defective product injury claim.
What are Common Types of Product Liability Cases?
Here are some examples of cases that can be considered a product liability claim:
- Defective airbags and other defective auto parts that cause car accidents
- Products that contain toxic substances that can cause disease
- Tools and appliances with flawed designs that make them dangerous
- Dangerous pharmaceutical drugs that result in deadly side effects
- Unsafe toys
Who is Responsible for a Defective Product Injury?
There are several parties that may be responsible for a defective product injury. They include:
- The manufacturer: The manufacturer is most likely to be responsible for an injury. They will be to blame if the product has a dangerous design. However, it’s not always the primary manufacturer that is targeted for damages. For example, let’s say a manufacturer makes a phone that has a battery made by another manufacturer and the battery catches fire. The battery manufacturer, as opposed to the phone manufacturer, could be to blame.
- Designer: The designer may be liable for injuries as they came up with a dangerous design.
- Installer: An installer may be targeted for compensation if they installed the product incorrectly so as to cause injury.
- The retailer: In addition to suing the manufacturer, you may also be able to sue the retailer that sold the product. Even though the retailer is not responsible for the flawed design, they would still be to blame for carrying a potentially dangerous product.
- Wholesaler/Distributor/Marketing agent: Like the retailer, this party may be liable for a defective product as they are middlemen involved in getting the item to the consumer.
Who Can File a Product Liability Claim?
You don’t have to be the buyer to file a product liability claim. Anyone who was injured by the product will be eligible to bring a lawsuit. It is also possible to recover damages for defective used products.
How to Prove a Liability Claim Against Defective Product Manufacturers or Distributors
Proving a product liability claim is complex. In most personal injury cases, you will have to prove that the defendant acted in a negligent manner in causing your injuries. But in product defect cases, it takes careful case planning to show how the manufacturer, or another party was negligent.
If the victim wants to go after a seller or distributor, they must show the seller or distributor did not have an effective system in place for checking the products they sold. But even if they had an effective system in place, they would not be expected to check every item that came through their store.
Consumers are not expected to test every project before they buy them, and in most cases, they are not able to.
For all these reasons, the law of ‘strict liability’ has been put into place. This means that the victim need only prove that:
- The product had an unreasonably dangerous defect that caused the injury
- The injury occurred when the product was used in the way it was intended to be used.
- The product was not changed from its original condition when it caused the injury
What Are the Types of Defective Product Lawsuits?
There are three main types of defects that can lead to a product liability lawsuit. These are as follows:
- Defective design: This is a dangerous defect due to the way the product was designed.
- Manufacturing defect: This occurs when the product was designed to be safe but a flaw that occurred during manufacturing presented the danger.
- Failure to warn: There are certain products that come with their share of risks, like a chainsaw. In these instances, it’s up to the company to warn the consumer of potential dangers and to include instructions for safe usage. If they fail to do so, and an injury occurs, the company responsible for labeling the product may be liable for damages.
What Kind of Damages Can Be Compensated in a Product Liability Case?
The damages that can be compensated in a product liability case include:
- Lost wages: These will make up for any wages lost due to the victim taking time off work to recover from their injuries.
- Lost earning potential: After an injury occurs, a person may be unable to perform the duties of their current job, or they may be unable to work at all. The responsible party may need to make up for the discrepancy in income.
- Emotional damages: A serious injury can lead to trauma that greatly reduces emotional health. Although it can be difficult to put a monetary value on these types of damages, your lawyer will come up with an amount that is fair.
- Medical expenses: This will cover the cost of immediate care as well as ongoing care for medications, disability equipment, rehab and more.
The amount you get will vary depending on your professional and personal situation and the extent of your damages. Your Charleston defective product lawyer will come up with an amount that is fair.
Contact a Charleston Defective Product Lawyer
The complexity of a product liability case doesn’t intimidate us. Trey Harrell Auto Accident and Personal Injury Attorney is willing to fight a major manufacturing company for you if needed. Our team’s experience with personal injury law means your case is in capable hands. We’ll keep you informed at every stage while you can focus on recovering from your injuries.
Don’t delay! Call Trey!