Experienced Product Liability Attorneys Are On Your Side
Products liability refers to the liability of any party involved manufacture of a product that results in 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 hurt consumers.
Many parties can be held liable for such a defect, as there are many stages in the process of manufacturing a product where a failure can crop up, including in the design of the product, manufacturing of components, assembly, distribution, and marketing.
Consumers can be seriously harmed by defective products and in some cases these flaws can kill innocent people. If you or a loved one experienced harm after using a defective product, you need the help of an experienced Greenville product liability attorney with the Hammack Law Firm. We can help you recover damages for your injuries and losses caused by a manufacturer’s negligence. Call us at 864-326-3333 or contact us online to speak with a lawyer today.
Categories of Products Liability
Defective product cases can encompass a wide number of scenarios, given the variety of manufactued goods. In a products 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, including issues that occur at the factory in which it is made. An error like this can be difficult to pinpoint, as it may not have happened to every item to leave the factory.
If you have sustained an injury because of a defectively manufactured item, you can file a products liability case.
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 products liability, the whole line of products that were made with the same errors in design are likely defective.
In the event that you are injured by a defectively designed product, you will need to demonstrate how the defective design caused you harm. A skilled attorney can help find the proper evidence you need to do so.
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 from a product that failed to give adequate warnings or instructions about how to use the product as it was intended to be used. In failure to warn cases, the item becomes dangerous due to some unclear risk that would require the consumer to take certain precaution or care when using it.
If the product failed to warn or properly instruct a consumer in a way that was clear, then you may be able to file a products liability case.
Examples of failure-to-warn: A food container fails to warn about the product not being intended for the storage of hot foods and lack of insulation technology causes the victim to suffer burns.
Common Defective Products
At Hammack Law Firm, our Greenville attorneys have helped people who were hurt by products that have a tendency to be defective, including:
Car accidents are the top cause of unintentional death in America. Although many car accidents happen because of human error, defective auto parts also contribute to these sometimes fatal 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 and can face injury or even death in the worst scenarios. Some dangers of defective toys include choking hazards, poisonous lead paint, or toys that do not clearly express their functions. Always monitor your child when they are playing for added precaution.
Products and items that you use on a daily basis can also be potentially harmful if some error occured during their manufacture.
The following household appliances have been known to be sometimes 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 all side effects, instructions, and uses should be clearly expressed. However, in some cases, a a drug’s proper use or potential side effects are not made clear to the consumer. In these cases, you may file a products liability claim.
Who Can Be Held Liable for a Product Defect?
Any party that has assisted in the ‘chain of manufacturing’ can be held liable for the errors and missteps that created a danger in the product and caused harm to a consumer. This includes any individual involved in the design, development, or distribution of the item.
Our attorneys will work diligently to investigate your accident to discover which of the commonly liable parties has contributed negligence and can be held accountable:
- 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 chain of distribution and the need for proof of how the defect of the product has caused you injury or harm. Depending on your circumstances, there may even be various parties responsible for the product defect that can be liable for your injury. The skillful attorneys with Hammack Law Firm can take care of this entire process on your behalf.
For a free legal consultation with a product liability lawyer serving Greenville, call 864-326-3333
Product Liability Legal Theories
In order to file a product liability case in South Carolina, you must have proper grounds for filing a case. The following product liability legal theories can help establish liability against the manufacturer for a defective product that has caused you harm:
- 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 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.
Many considerations go into having grounds for a successful case. Just because the product does not work as the manufacturer intended does not necessarily mean you have a case. You must demonstrate that the defect of the product has caused you to sustain injury or suffer some loss for your case to hold up.
An experienced Greenville product liability attorney can help to investigate your case and inform you of your legal rights. Hammack Law Firm will work hard to demonstrate negligence on the manufacturer’s behalf so that you may be appropriately compensated.
Greenville Product Liability Lawyer Near Me 864-326-3333
How Can A Products Liability Attorney Serve You
Manufacturers have strict duties and standards to uphole so that products that hit the market do not pose a risk of injury or wrongful death. Given the broad range of situations that can qualify under product liability, your specific claim will be categorized into one of the three types of product liability cases.
This, along with providing evidence to establish ground for liability, can quickly get confusing. Negligent manufacturers can be intimidating to go up against alone, but with an experienced product liability lawyer, you will have the help you need to feel confident seeking justice for the injuries or losses you have suffered.
When you hire Hammack Law Firm to work with you, you can expect the following assistance to build your product liability case:
- Thorough investigation of your situation
- Collection of evidence and witness testimony
- An account of your injuries and the impact they have had on you
- We will handle all communication with the manufacturer and its insurance company
- Careful attention to your unique circumstances
- Tenacious negotiation to get you the best settlement
We understand that you can 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.
For a team that has your best interest and recovery at heart, contact the Greenville product liability attorneys of Hammack Law Firm. If you or a loved one have suffered losses due to a manufacturer’s negligence, we are here to help. Call 864-326-3333.