According to S.C. Ann § 15-73-10, product liability refers to the responsibility of any party involved in the manufacture of a defective or otherwise dangerous product. Defective products can be so dangerous that they cannot be used as intended, and, in some cases, the defects can even seriously harm consumers.
Many parties may be held liable for such a defect, as there are many stages in the manufacturing process where a failure can crop up. These stages include the design of the product, manufacturing of components, assembly, distribution, and marketing.
Defective products can seriously harm consumers, and in some cases, these flaws can kill innocent people. If you or a loved one experienced harm after using a defective product, you may benefit from the help of a Greenville product liability attorney with Hammack Law Firm. We may help you recover damages for your losses resulting from a manufacturer’s negligence.
Don’t Choose Just Any Personal Injury Firm – Choose Hammack Law Firm
Hammack Law Firm proudly handles product liability cases in Greenville, and we’ll fight hard for you or your loved one. We believe you should choose us for your case, as you’ll receive compassionate care and several other benefits. Our team will:
- Fight until the end for fair compensation
- Do our best to honor any special requests you have for us
- Address all of your questions and concerns honestly and promptly
- Display integrity and compassion in every feature of your case
- Never shy away from tense negotiations or even trial
Hammack Law Firm offers experience, resources, and the chance for you to focus on your recovery. We will lead your case while you focus on yourself.
For a free legal consultation with a product liability lawyer serving Greenville, call 864-740-8653
Categories of Product Liability
Defective product cases can encompass many scenarios, given the variety of manufactured goods. In a product liability case, your injury may fall into one of these three categories:
1. Defectively Manufactured Products
These cases involve a defective product that became flawed in some step of the manufacturing process. This may include issues that occur at the factory where the product is made. An error like this can be difficult to pinpoint, as it may not have happened to every item from a certain factory.
If you have suffered an injury because of a defectively manufactured item, you can file a product liability claim.
Example of a manufacturing defect: A high-speed bicycle has a cracked chain that interrupts proper and safe pedal movements.
2. Defectively Designed Products
Another category of product liability is when the design of a product is inherently dangerous. This defect can occur even when the manufacturer’s specifications in the assembly process are all met. In this type of product liability, all of the products that were made with the same errors in design are likely defective.
If a defectively designed product has injured you, you will need to demonstrate how the defective design caused you harm. An attorney from our team may secure the proper evidence to prove liability.
Example of a design defect: A line of hair dryers allows for excessive and dangerous heat when used at a high setting for certain lengths of time.
3. Failure to Provide Adequate Warnings or Instructions
You can also suffer injury if a product manufacturer fails to give adequate warnings or instructions about using the product safely. In such cases, the item becomes dangerous due to unclear risk.
If the product manufacturer failed to warn or properly instruct you about a product’s risks or proper usage, you may be able to file a product liability case.
Example of failure-to-warn: A food container fails to warn about the product not being intended to store hot foods. Lack of insulation technology causes the victim to suffer burns.
Greenville Product Liability Lawyer Near Me 864-740-8653
Common Defective Products
At Hammack Law Firm, our Greenville attorneys have helped people injured by a variety of defective products, including:
According to the Centers for Disease Control and Prevention (CDC), car accidents are one of the leading causes of unintentional death in America. Although many car accidents happen because of human error, defective auto parts also contribute to auto accidents.
The following defective auto parts can cause serious injury or death if an accident occurs:
- Braking systems
- Steering wheels
- Seat belts
Our children can be vulnerable to defective toys, facing injury or even death in the worst cases. Some dangers of defective toys include choking hazards, poisonous lead paint, and toys that do not clearly express age restrictions.
Products and items that you use daily can also be potentially harmful if some error occurred during their manufacture.
The following household appliances can sometimes be defective and cause injury or harm:
- Cooking appliances causing electric shock or overheating
- Faulty water heaters
- Clothes dryers with a tendency to cause lint collection
- Hair dryers that malfunction
Typically, medications are tested for safety and side effects. Even so, the instructions and proper uses of a medication should always be clear. In some cases, a drug’s proper use or potential side effects are unclear to the consumer, and harm results. In these cases, you may file a product liability claim.
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Recoverable Damages in a Greenville Product Liability Case
Recoverable damages vary for each client. Our team may conduct interviews with you and your doctor and complete an investigation of your losses. Once we have obtained all relevant information, we’ll assess your recoverable losses.
Some recoverable damages in a Greenville product liability case may include:
- Healthcare costs: Most defective product victims who pursue compensation have suffered injuries or lost a loved one due to fatal injuries. In either case, medical costs are a factor. You may receive coverage for medical imaging, emergency care, hospitalization, and other healthcare expenses.
- Pain and suffering: Any pain, emotional anguish, lost quality of life, sleep disturbances, or lost cognitive or physical abilities may entitle you to compensation. You may also receive coverage to treat your pain and suffering.
- Professional losses: Professional losses generally correlate with financial harm. You may experience lost wages, reduced earning power, lost bonuses, lost retirement contributions, and lost standing with your employer. We’ll account for any professional damages stemming from a defective product.
- Property damage: If any of your property suffered harm because of a defective product (like your vehicle being totaled because of defective brakes), you should receive fair compensation.
- The effects of a wrongful death: Recoverable damages in wrongful death cases may include funeral expenses, lost companionship, lost parental guidance, lost financial support, medical costs, and loss of the decedent’s value to the household.
You may have more damages than you initially realize. Our team will survey your current losses and project any future damages you could experience.
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Who Can Be Held Liable for a Product Defect?
Any party that has assisted in the “chain of manufacturing” may be held liable for the errors that presented a danger to the consumer. This includes any individual involved in the design, development, or distribution of the item.
Our attorneys will diligently investigate your accident to identify which of the commonly liable parties has committed negligence. We may find liability with:
- The party that designed the product
- The party that manufactured the product
- The party that distributed or marketed the product
Assigning liability can become challenging given the many steps involved in the distribution chain. Multiple parties may even be liable for your injury. Our attorneys at Hammack Law Firm can take care of the entire legal process for you.
Standards of Product Liability
To file a product liability case in South Carolina, you must have proper grounds to do so. Standards of liability in a defective product case may include:
- Strict Liability: The product was defective and inherently dangerous, causing you to suffer losses or injury from using it.
- Negligence: There was a lack of reasonable care in the product’s design or manufacture, for which the manufacturer is liable.
- Breach of Warranty: A manufacturer intended the product to work a certain way and marketed it for that function, yet it does not work as intended.
- Misrepresentation: A manufacturer led you to believe a product was safe through lying, hiding, or concealing essential facts.
Simply because the product does not work as the manufacturer intended does not necessarily mean you have a case. You will need to present a compelling argument for liability, and an attorney from our firm can help you do so. We may demonstrate that the product’s defect has caused you to suffer injury and other losses.
Hammack Law Firm will work hard to demonstrate negligence on the manufacturer’s behalf, so you may be appropriately compensated.
How Can a Product Liability Attorney from Our Team Serve You?
Manufacturers have strict duties and standards to uphold so that products do not pose a risk of injury or wrongful death.
Negligent manufacturers can be intimidating to go up against alone. With a personal injury lawyer from our team on your side, you will have the resources you need to seek justice.
When you hire Hammack Law Firm to work with you, you can expect:
- A thorough investigation of your case
- Collection of evidence and witness accounts
- A thorough accounting of your injuries and the impact they have had on you
- Handling of all communication with liable parties, their insurers, and their attorneys
- Careful attention to your requests
- Tenacious negotiation to get you a fair settlement
We understand you may be dealing with the mental, emotional, and physical impact of a defective product accident. We want to assist you in seeking an optimal recovery. Compensation for your injuries and losses cannot remedy any loss of life or permanent damage to your health, but it may alleviate some of the financial burdens inflicted by the incident.
We Make Legal Help Accessible to Everyone
Hammack Law Firm can be a loyal advocate in your time of need. Your financial means are not our concern. If you’ve suffered injuries or lost a loved one because of a defective product, you deserve our representation. Our fee structure ensures that anyone with a worthy case can access legal help.
When you choose Hammack Law Firm, you:
- Pay nothing upfront
- Don’t pay for any case-related resources or bear any case-related fees
- Don’t owe us anything unless we secure a financial recovery for you
If we secure a judgment or settlement, we will receive a fee from that recovery. Should we fail to obtain a recovery – which is never in the plans – then we won’t receive a fee. You’ll pay us nothing.
Our legal help should be an asset, not another financial burden. With this contingency-fee structure, we ensure this is the case.
Call Hammack Law Firm for Your FREE Consultation
For a team that has your best interest and recovery at heart, contact Hammack Law Firm. If you or a loved one has suffered losses due to a manufacturer’s negligence, a Greenville product liability attorney is here to help. Call (864) 326-3333 today for a FREE consultation.