Everything you buy from a retail store or online seller should be safe to use so long as you follow its instructions and use it for its intended purpose. Unfortunately, numerous products are released every year that do not meet this basic standard for safety. Often, this merchandise causes serious harm to consumers before—or even after—manufacturers issue recall notices.
When you are injured because a product you were promised was safe ended up being anything but, you may have grounds for civil litigation. A seasoned injury attorney could help you with this process. With a knowledgeable Walterboro defective products lawyer on your side, you could establish a manufacturer’s fault for your injuries and recover fair compensation for all your ensuing losses.
When Does a Flawed Product Justify a Lawsuit?
Manufacturers that sell merchandise to residents are not automatically liable for injuries people suffer while using one of their products. Instead, to hold a manufacturer financially accountable for the harm caused by an item, you must prove that your injuries stemmed directly from a legally actionable “defect” or a problem with the product’s design, manufacturing, or marketing.
A design defect is a fundamental flaw in how a product is formulated, making every unit of it ever produced dangerous. Conversely, a manufacturing defect only affects certain units or batches of a product since it stems from a mistake made during the assembly of an otherwise safe item. Finally, marketing defects—or “failures to warn”—occur when a manufacturer fails to provide appropriate warnings and instructions regarding how to use a properly-manufactured product safely.
In addition to establishing that one or more of these defects led to an injury, anyone who wants to recover compensation under product liability law must prove that they were not using the product in an unsafe manner when they were hurt and that the defect existed when the product left the manufacturer’s direct control. A tenacious attorney could provide vital assistance with building a strong case around any type of actionable product defect in Walterboro.
How Comparative Fault Can Impact Recovery
A successful lawsuit or settlement demand against a product manufacturer for a defective product can provide payments for economic and non-economic losses, including:
- Medical bills
- Property damage
- Lost work income or reduced earning capacity
- Lost enjoyment of life
- Emotional and psychological trauma
- Physical pain and suffering
However, when a court finds that an injured person bears some amount of fault for their own injuries sustained from a defective product because they were negligent in some way, they may be unable to recover the total available compensation for their injuries. A lawyer in Walterboro can be a crucial ally when it comes to fighting back against accusations of “comparative fault” in faulty product claims.
Contact a Walterboro Defective Products Attorney Today
Filing a claim against a manufacturing company or corporation due to injuries caused by hazardous products does not work the same way as traditional personal injury claims. When pursuing a claim like this without assistance from experienced legal counsel, your odds of achieving a favorable case result are slim.
That said, retaining a Walterboro defective products lawyer could be an essential first step toward obtaining the compensation you deserve. Get started on your claim by calling our legal representatives at Whetstone Perkins & Fulda now.
