What You Need To Know About Product Liability Claims

Product liability laws are meant to provide consumers who are injured as a result of a defective product with a means of legal recourse. Product liability claims can be complex and daunting without a strong understanding of relevant laws and statutes. If you live in South Carolina and were injured because of a defective product, it’s essential to understand your rights and the legal process involved in pursuing compensation.

Types of Product Liability Claims

In South Carolina, product liability claims typically fall into three main categories: design defects, manufacturing defects, and marketing defects. A design defect is when there is a flaw in a product’s design, making it dangerous for consumers. A manufacturing defect is when there is a flaw during the manufacturing process, resulting in a faulty product that doesn’t align with the original design. Finally, a marketing defect means the manufacturer failed to provide adequate warnings or instructions, resulting in injuries.

How To Make a Successful Claim

You can file a product liability claim against any party involved in the product’s design, manufacturing, or marketing. However, you must prove several elements of liability. Firstly, you must prove the product was defective or dangerous when you tried to use it. Secondly, you must demonstrate that you used the product as intended. Thirdly, the defect must be the direct cause of your injuries.

Attributing Fault

South Carolina uses a comparative negligence system, meaning that the amount of compensation available to an injured person depends on the percentage of fault assigned to their actions. For instance, if you took off the warning label for a product and got hurt due to a defect, you could still seek compensation for the defective product. However, the amount of compensation may be reduced because you were partly at fault for taking off the warning label. A lawyer could ensure there is a fair distribution of fault among parties involved in a product liability claim.

Call a Product Liability Attorney Serving South Carolina

Navigating product liability claims can be difficult, so working with an experienced injury attorney is crucial to building the strongest possible case. An attorney could help gather evidence, determine liability, and negotiate with insurance companies. Call today to learn how we can help you pursue the compensation you deserve.

Whetstone Perkins & Fulda