Product Liability

If you or a loved one have been seriously injured by a defective product, an experienced Greenville product liability lawyer from Maxey McFarland Law can help. The legal team of Maxey McFarland Law specializes in personal injury claims and can effectively handle the complexities of such claims. Our Greenville product liability attorneys are dedicated to helping clients seek compensation for injuries caused by defective products. Our personal injury lawyers in Greenville can pursue a personal injury claim against the product’s seller, manufacturer, and/or distributor. We can also represent clients in claims against manufacturing companies and retailers for injuries caused by defective consumer products. This includes medical devices, pharmaceuticals, vehicles, machinery, and other products.

Manufacturing Defects

Manufacturing defects occur due to errors in the manufacturing process, leading to products that deviate from their intended design. Understanding the manufacturing process is crucial in these cases to link defects to injuries. Our attorneys are well-versed in product liability law and can help you understand the three types of product defects and how they apply to your case.

Compensation for Product Liability Claims

Damages in product liability claims may include economic damages such as medical expenses, medical bills, and lost wages. Other non-economic losses can also be claims, such as pain and suffering, emotional distress, and other compensatory damages. Damages can also include punitive damages in cases involving willful, wanton, or reckless conduct. South Carolina follows a strict liability standard, which means that a plaintiff may be entitled to compensation for injuries caused by a defective product even without proving negligence. Consequently, an experienced Greenville product liability lawyer can guide you through the complexities of a product liability lawsuit.

What Is Product Liability in South Carolina?

Product liability in South Carolina refers to the legal responsibility of manufacturers, distributors, and sellers for any injuries or harm caused by their defective products. Under South Carolina law, most product liability claims are brought under the theory of strict liability. Under this theory, the injured party does not need to prove that the manufacturer or other party was negligent. Instead, the focus is on whether the product was defective and caused harm. However, including the elements of a negligence claim along with a strict liability claim can be strategic in some cases, especially when seeking punitive damages or establishing additional facts that may help in court.

Strict Liability

In a strict liability case, the injured party must demonstrate that the product was defective and that the defect directly caused their injury. All parties in the distribution chain could be liable, including manufacturers, wholesalers, and retailers. A product can be deemed defective due to design flaws, manufacturing errors, or inadequate warnings about potential risks. Even if a company took all possible precautions, it could still be held liable if the product caused harm when it was used as intended.

Negligence

Negligence-based claims, on the other hand, require proof that the manufacturer or seller failed to exercise reasonable care in designing, producing, or distributing the product. If a plaintiff can establish that a company’s actions—or lack thereof—directly contributed to the defect that caused their injury, they may recover additional compensation. Pursuing compensation under both strict liability and negligence theories can strengthen the case, particularly when there’s evidence that a company acted recklessly or knowingly ignored safety standards.

Breach of Warranty

A breach of warranty claim arises when a product fails to meet the terms of a promise or guarantee made by the manufacturer or seller, whether it’s an express warranty (a specific promise made about the product) or an implied warranty (assumed promises, such as that a product is safe for its intended use).

In South Carolina, product liability laws are meant to protect consumers from dangerous products. If a defective product injures you, you have the right to hold those responsible accountable, regardless of whether they intended to cause harm. By understanding the laws surrounding both strict liability and negligence, injured parties can better evaluate their legal options and seek the justice they deserve.

What Are Defective Products?

A defective product is any product that poses an unreasonable risk of harm to the consumer when used as intended or in a foreseeable way. In South Carolina, manufacturers, distributors, and retailers can all be held responsible for defective products that cause injury. A product is considered defective if it has a flaw in its design, manufacturing process, or marketing, which renders it unsafe. These defects make the product unreasonably dangerous to users, even if they follow proper instructions and use the product as directed. The main types of product defects include:

• Manufacturing defects: These defects occur during the production process and typically affect only a small number of products. For example, a batch of faulty car brakes that fail to work as intended could lead to a manufacturing defect claim.
• Design defects: A product with a design defect is inherently dangerous, even when it is manufactured correctly. For instance, if a household appliance is designed without adequate safety mechanisms, it could cause harm, making the manufacturer liable for any injuries.
• Marketing defects (failure to warn): Also known as “failure to warn” or “inadequate warnings,” these defects arise when a product is sold without proper instructions or warnings about its risks. For example, a medication sold without warnings about potential side effects could lead to serious injury or illness, resulting in a marketing defect claim.

Common Defective Products Involved in Lawsuits

Common defective products involved in lawsuits often include consumer goods, medical devices, and industrial products that pose risks due to design flaws, manufacturing errors, or inadequate warnings. Some of the most frequent types of defective products in lawsuits include:

• Automobile Parts: Defective brakes, airbags, seatbelts, tires, or ignition switches can lead to serious accidents and injuries.
• Medical Devices: Faulty implants (such as hip or knee replacements), pacemakers, defibrillators, and surgical mesh can cause complications and harm patients.
• Pharmaceuticals: Medications that cause adverse side effects or injuries not adequately disclosed can lead to claims for defective drugs.
• Children’s Products and Toys: Defective car seats, cribs, high chairs, and toys with choking hazards or dangerous materials are frequently involved in product liability cases.
• Industrial Equipment: Malfunctioning machinery or tools used in construction or manufacturing that cause workplace injuries can also be involved in lawsuits.

Typical Evidence Used to Establish Product Liability

To prove a product liability claim, it’s essential to gather strong evidence that shows the product was defective and that the defect caused the injury. Some common types of evidence used in these cases include:

• Expert testimony: Professionals in the field, such as engineers or safety experts, can explain how the product’s design or manufacturing process failed and contributed to the injury.
• Product recalls or safety reports: If a product has been recalled or is linked to other injuries, this can be critical in proving that the defect is widespread.
• Physical evidence: The defective product itself, along with photos or videos showing the defect and its impact, is often crucial.
• User manuals or warning labels: These can show whether the product came with inadequate instructions or failed to warn of potential dangers.
• Medical records: These documents help connect the injury to the defective product and demonstrate the severity of harm caused.

How to File a Product Liability Claim or Lawsuit

If you’ve been injured by a defective product in South Carolina, you have the right to file a product liability claim or lawsuit to seek compensation for your injuries. However, the process can be complex, and it’s crucial to follow the correct steps to protect your legal rights and increase your chances of success.

Filing a product liability claim usually involves negotiating directly with the manufacturer or seller’s insurance company. This is the first step in seeking compensation for medical expenses, lost wages, and other damages. Here’s how to start:

• Gather Evidence: Collect all relevant documents and evidence, such as the defective product, receipts, medical records, and photos or videos of the defect and injury, to support your claim.
• Notify the Manufacturer or Seller: Inform the manufacturer, retailer, or distributor of your intent to file a claim. You’ll need to provide details of the injury and how the product caused harm.
• Submit a Claim: Work with a product liability lawyer like those at Maxey McFarland Law to file your claim with the responsible party’s insurance company. Your attorney will help ensure that the claim is properly documented and supported by strong evidence.
• Negotiate a Settlement: Many product liability claims are settled outside of court. Your lawyer will negotiate on your behalf to secure a fair settlement. If an appropriate settlement is not possible, your lawyer may advise filing a lawsuit.

Steps to Take in Filing a Lawsuit

To file a product liability lawsuit, you would typically take these steps:

• Hire a Product Liability Lawyer in Greenville (if you haven’t already): A lawyer experienced in product liability cases, such as those at Maxey McFarland Law, can guide you through the legal process and represent you in court. They will help you build a strong case by gathering expert testimony, filing legal paperwork, and preparing for trial.
• File the Complaint: Your attorney will file a legal complaint in court, outlining the details of your injury and how the product’s defect caused harm. The complaint names the manufacturer, seller, or distributor as the defendant in the case.
• Discovery Process: Both sides will exchange evidence and information during the discovery phase. This may include taking depositions, obtaining expert witness testimony, and assembling documentation to support your case.
• Trial or Settlement: If the case goes to trial, both sides will present their arguments, and the judge or jury will decide whether the manufacturer or seller is liable for the injury. However, many lawsuits settle before reaching the courtroom.

Keep in mind that there is a limited time to file a product liability lawsuit in South Carolina. Under state law, injured people typically have three years from the date of injury to file a product liability lawsuit. If a lawsuit is filed after this deadline passes, the injured party loses their right to seek compensation through the court system.

It’s important to act quickly after an injury to preserve evidence and give your attorney enough time to build a strong case. Speaking with a product liability attorney in Greenville soon after the injury will help ensure you meet all necessary deadlines and take the correct legal steps.

Product Liability Lawsuit Settlements

A settlement allows you to recover compensation for your losses without the uncertainty of a courtroom verdict. In South Carolina, product liability settlements can cover a range of losses, including medical expenses, lost wages, pain and suffering, and more.

A product liability settlement occurs when the injured party and the responsible manufacturer, distributor, or seller agree on compensation that will be paid to the injured person. Typically, settlements happen after negotiations between your attorney and the opposing party’s insurance company. The goal is to reach an agreement that fairly compensates you for your injuries and other losses.

Settling a product liability case can have several advantages, including faster resolution and less stress than a trial. Additionally, settlements are typically private, unlike court verdicts, which become part of the public record.

Contact a Greenville Product Liability Lawyer from Maxey McFarland Law

Contact Maxey McFarland Law today at (864) 900-4231 to speak with an experienced product liability lawyer in Greenville. Our legal team also offers a free consultation to discuss your Greenville product liability claim and help you understand your legal options. In addition, it is important to file a product liability claim promptly to gather evidence and meet the statute of limitations requirements.

Our law firm, Maxey McFarland Law, has helped clients recover compensation for the harm done by dangerous and defective products.