Products Liability

SOUTH CAROLINA PRODUCTS LIABILITY LAWYER

Our South Carolina products liability lawyers at Russell Mace & Associates, P.A. have the knowledge and experience to assist you with your case.  We have attorneys that have passed the bar in multiple jurisdictions, including South Carolina, Georgia, and Florida.

PRODUCTS LIABILITY

When an individual is injured by an unsafe or defective product, they may have a potential products liability cause of action against any or all of the parties along a product’s chain of manufacture. These parties include the manufacturer of the whole product, the manufacturer of the component parts of the product, the wholesaler of the product, and the retail seller from which the product was ultimately purchased. Products liability claims can be based on manufacturing defect, design defect, or failure to warn grounds, all of which can result in significant recoveries for injured parties.

Product liability lawsuits can be very complex and it is vital to consult with an experienced products liability lawyer to ensure that all evidence and arguments against the negligent party are preserved.  In order for a products liability claim to be successful, an injured party must prove that the product was defective at the time of the injury. A defective product is any product that presents an unreasonable danger when used as directed. Once a defective product is discovered, it is commonly recalled by its manufacturer. Current and past recalls on consumer products, motor vehicles, boats, food, medication, cosmetics, and environmental products can be found here.

Design Defect

A design defect exists when there is an inherent defect in the product that was planned by the manufacturer. Defects in a products design may give rise to a products liability cause of action. For example, a car manufacturer has an obligation to create a car that is free from unreasonably dangerous defects. If a car is manufactured and sold with defective brakes, resulting in injury to a person, that person may have a products liability claim against the manufacturer based on design defect. Under a design defect products liability action, a plaintiff must prove that there is a feasible, practical, and safer alternative to the original design.

Manufacturing Defect

A manufacturing defect is an unintended defect in a product which makes a product more dangerous than consumers expect it to be. Ordinarily, manufacturing defects are created by a deviation from original design specifications during the manufacture or production of the product.  By law, manufacturers have a duty to all purchasers to make their products as safe as possible and supply purchasers with adequate warnings of known dangers or risks. When all dangers and risks that a product creates cannot be eliminated, manufacturers are required to supply purchasers with adequate warnings. Failure to do so may give rise to a failure to warn products liability claim. A duty to warn only exists if a manufacturer knew, or should have known, about the danger or risk at the time the product was produced.

Potential Products Liability Claims

Products liability claims can arise from numerous products and can exist in literally thousands of ways, including, but not limited to:

  • Children’s Toys
  • Food Products
  • Hairdryers
  • Kitchen Appliances
  • Cosmetics
  • Medications
  • Power Tools
    • Chainsaws
    • Lawnmowers
  • Vehicle Tires
  • Vehicles
    • Cars
    • Trucks
    • Airplanes

Virtually any product that can be purchased, if defective, is a potential danger to society and may give rise to a products liability claim.

Common Examples of Product Liability:

  • Pharmaceutical
  • Mechanical Defects
  • Manufacturing Defects
  • Design Negligence
  • Advertising Negligence

Our firm litigates products liability cases when someone has been injured and is in need of recovery. While these cases can be expensive to litigate, helping to prevent another injury is worth the expense. Contact our office if you feel you or loved one has been injured by a defective product.  Our South Carolina products liability lawyers can be reached via telephone at 1-800-94 TRIAL or contact us online for a free consultation.

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