We use a wide variety of consumer products every day. Defective products, unfortunately, appear in all aspects of life – vehicles, home appliances, construction materials, children’s toys, safety equipment, and elsewhere.
If you were injured, you may have a product liability claim. Sometimes, these products injure so many people that they give rise to class-action lawsuits.
Defective products cause severe injuries and death, and you deserve compensation for the harm you’ve suffered. For a complimentary consultation with the Columbia product liability lawyers at Whetstone Perkins & Fulda, call today. Our experienced injury lawyers can review your claim and determine the next steps.
What are Defective Products?
A defective product is any product that has made it to market with some defect in design, manufacturing, or marketing that makes it dangerous to use. This area of law is known as “product liability.” There is a vast array of defective products that have been the subject of past lawsuits, including:
- Dangerous opioid prescription painkillers
- Metal grill brushes
- Defective tires
- Defective seatbelts
- Defective pharmaceuticals
- Defective tools
- Defective appliances
- Defective toys
- Defective vehicles
Our experienced Columbia attorneys have handled many types of defective product cases, including those involving grill brushes. In those cases, people have suffered horrific internal injuries after ingesting food containing one or more metal wires from a grill brush. The bristles can come loose from the brush and then puncture or otherwise injure the esophagus, stomach, digestive tract, or other internal organs.
Types of Product Liability Claims
There are three basic ways a product may become the subject of a lawsuit:
Design Defect
These products have a defect from the moment of their inception. Even if the product is manufactured correctly, it will be unsafe in the hands of consumers because of the defect designed into the product
Manufacturing Defect
These products were designed appropriately, but carelessness during manufacturing led to a defect. Sometimes entire units or lots of a product are affected
Failure to Warn
Certain products – chainsaws, lawnmowers, scissors – are inherently less safe to use than others, but with proper warnings and instructions, users can avoid injury. When warnings are insufficient or instructions are lacking, a defective product lawsuit can arise because the product could not have been used safely with the information provided to the user
Where your case falls within these categories may not be immediately apparent to you. Our attorneys in Columbia will determine how to build your product liability case so that you can focus on healing. The attorneys at Whetstone Perkins & Fulda are extensively experienced with these types of cases.
Who is At Fault in a Product Liability Claim?
Many people and companies are involved in bringing a product to market. One of the parties is responsible for the defect. Our experienced attorneys know how to investigate these cases to determine who is liable for the injuries caused by a faulty consumer good.
The most commonly at-fault parties in these cases fall along the distribution chain, including design, manufacture, and marketing. Liability may lie with:
- Creator/designer of the product
- Manufacturer of the product
- Manufacturer of components/parts of the product
- Company responsible for assembling the product and its components
- Wholesaler or distributor
- Retailer that sells the product to the consumer
Our Columbia attorneys will work tirelessly to demonstrate that the product was defective and that the defect rendered it unreasonably dangerous. It’s not enough for a person to have been injured while using a product. Many items, like chainsaws, are inherently dangerous and may cause injury during normal use. There must have been a flaw in these cases, and the defect must have directly caused the injury.
What to Do if You Were Injured by a Defective Product
To pursue compensation in a claim, you must be able to show that the product did, in fact, have a defect or insufficient warnings/instructions, and you must be able to show that your injury was a direct result of the defect. It’s not enough to have been injured while using a certain consumer product or driving a car with faulty tires; you must be able to show the connection between the defect and the accident that injured you.
Our attorneys have the experience, knowledge, and skills to demonstrate how the product caused your defective product injury. We also know how to tell the story of how your injury has impacted your life and livelihood. This is a story that arbitrators, mediators, judges, and juries need to hear. You deserve to be compensated for each and every way the injury has affected you.
Potential Compensation
Our attorneys are thorough in their investigation of the product that caused your injury. We want to understand how you have been affected so we can fight effectively for compensation on your behalf. In a successful product liability claim, compensation may be awarded for:
Present and Future Medical Expenses
Serious injury leaves you with hospital bills, including emergency room charges and treatment that was provided thereafter. You may need future care for your injury, which is a major long-term expense. Costs of physical rehabilitation would also fall into this category of damages.
Lost Wages
The injury you suffered from the defective product may have left you unable to work. If you can’t perform your job duties, how will you support yourself? How will you pay for the treatment you need? You deserve compensation for the loss of income caused by your injury.
Pain and Suffering
Your injuries will cause physical pain, as well as emotional and mental pain. While these consequences may not cost you in dollars and cents, they are a heavy burden to bear. You should not have to live with pain and suffering without the justice you deserve.
Other Expenses, Out-of-Pocket Reimbursements, Losses, etc.
Each case is unique. There are many types of damage. Our experienced attorneys will evaluate how your injury has affected your life and fight passionately for the compensation you deserve.
Wrongful Death Compensation
If the product liability injury resulted in a loved one’s death, then you may be eligible to pursue wrongful death compensation for loss of your loved one’s financial contributions, burial/cremation expenses, medical bills related to the injury, and other things.
This list is not exhaustive. Consult our Columbia product liability attorneys about your situation. We provide a complimentary case review at our law firm offices. Our attorneys may be able to travel to you at your home, hospital, or another location, if your injury prevents you from getting to our offices.
Talk to a Columbia Product Liability Attorney About Your Right to Compensation
If you or a loved one has been injured by a defective product and you think you may have a product liability claim, please contact us online for a complimentary case review. Our Columbia product liability lawyers have been fighting on behalf of injured victims in South Carolina for many years. We have recovered multi-million-dollar awards in certain cases, and we are personally driven to obtain the best possible result for you.
