South Carolina Product Liability Lawyer
Product liability is a legal theory that allows a consumer harmed by a defective product to demand compensation for their damages from any party in the chain of manufacturing. Potentially liable parties in the “chain of manufacturing” include:
- The manufacturer of the product
- The manufacturer that assembles a product
- The wholesaler who distributes the product
- The retail seller who sells the product to the public
If a defective product caused harm to you or a loved one, a South Carolina product liability lawyer from Anastopoulo Law Firm can help you build a case to hold them accountable. We offer free case reviews to help you better understand what legal moves you can make to start pursuing compensation.
There are Different Types of Product Liability Claims
All product liability claims generally involve a product that caused harm because of a defect. These defects can fall under one of three categories:
A manufacturing defect is a flaw that occurs during the construction or production of an item and is present in only one or several products. For example, a car manufacturer that fails to properly install an airbag in one or more cars may be held liable for a manufacturing defect.
A design defect is different from a manufacturing defect in that it affects an entire product line as opposed to only one or a few items. As such, every product manufactured will have the same defect.
The product is manufactured entirely to the manufacturer’s specifications but is defective because the design is unreasonably dangerous or inherently defective. For example, if a car’s design makes it top-heavy, it may be prone to rollover accidents, thus putting occupants at risk of injury.
Marketing Errors or Mislabeling
Finally, marketing errors involve false or inaccurate statements about a product or inadequate instructions for using a product.
Another form of marketing error includes mislabeling, which occurs when a manufacturer fails to provide adequate warnings of non-obvious dangers. If the product is capable of causing a hazard that is not obvious to the consumer, the manufacturer must warn the consumer about these dangers.
For example, if mixing two drugs is dangerous – or if taking a drug is not safe for people with a specific condition – the manufacturer must list these potential complications to protect consumers from harm.
For a free legal consultation with a product liability lawyer serving South Carolina, call (800) 777-7777
Our Team Can Help You Estimate the Value of Your South Carolina Product Liability Case
Many of our clients often ask how much their cases are worth as their first question. However, this answer varies, as each case is unique to the plaintiff’s personal damages.
Our team can help calculate your damages to gauge how much compensation we should fight for when filing your case. The following are some main examples of compensable damages we consider.
Economic Damages from Defective Products
Economic damages are those that already have a financial value, including expenses you paid or debts you now owe. The following are some examples:
- Cost of the defective product
- Costs for medical care you received and expect to receive
- Costs for property damage the defective product caused
- Any income you lost while recovering from your injuries
- Income you expect to lose if your injuries are long-term or permanent
- Any reduction in your earning potential due to your injuries
If you faced other financial setbacks because of your injuries or the defective product, we will factor these damages into your compensation total as well.
Non-economic damages do not have a financial value at first because they involve subjective losses, such as physical or emotional pain. These damages may include:
- Pain and suffering
- Emotional distress, which includes depression, anxiety, and insomnia
- Psychological trauma
- Reduced quality of life
- Permanent disability or physical disfigurement
We may consider other significant lifestyle changes you faced due to your injuries, then assign a monetary value to your non-economic damages that reflect this change.
Wrongful Death Damages in Fatal Product Liability Cases
If a loved one passed away as a result of using a defective product, we understand you might be trying to cope with the aftermath of their death. While filing a product liability case might not be the main priority during grief, we want to offer our services to manage the case for you so that you do not have to face additional pressure and burdens later on.
A wrongful death lawyer from our team can serve as your representative and help you fight for damages, such as:
- Costs for funeral arrangements
- Costs for burial or cremation services
- Loss of consortium
- Loss of parental guidance
- Loss of inheritance
- Loss of society
We will keep you updated about your case throughout its development.
South Carolina Product Liability Lawyer Near Me (800) 777-7777
Lawsuits About Defective Products have Legal Deadlines Attached to Them
Most personal injury lawsuits must abide by S.C. Ann. § 15-3-530, meaning plaintiffs who wish to take legal action against a manufacturer for a defective product must do so within three years of when they were injured.
Alternatively, those filing wrongful death actions must do so within three years of the date of death.
What Happens if You do not File Your Case Within this Period?
If you fail to submit a lawsuit within its statutory deadline, then a judge may dismiss your case. Beyond the technical reason for having the case dismissed, waiting too long to file can also weaken your position. For example, if you file past the legal deadline, the opposing party might argue:
- Your injuries were not that serious if you postponed taking action beyond the filing deadline.
- Your injuries are related to another event that took place since you last used the defective product.
Additionally, you might lose valuable evidence if you wait too long to take legal action. Evidence that may be time-sensitive includes surveillance footage, witness testimonies, and digital records that get erased after a certain period of time.
Our Team Will Work to Gather Evidence that Proves Product Liability
There are several different legal theories an attorney might bring a product liability claim under to show that a party in the chain of manufacturing is liable. These include:
- Strict liability: Under strict liability, all that one needs to establish against the manufacturer is that the product was defective and that the consumer suffered an injury as a result.
- Negligence: The consumer must prove that the manufacturer failed to use reasonable care in designing or manufacturing the product.
- Breach of warranty: A breach of warranty claim is premised on the theory that a product did not work as the manufacturer promised.
- Misrepresentation: On the other hand, misrepresentation refers to the manufacturer hiding, concealing, or misleading a consumer to believe that a product is safe.
Our team can investigate the case and collect evidence that helps establishes key points in your case argument.
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Injured by a Defective Product? Contact Our Lawyers for Help
If you have been injured by a defective product, Anastopoulo Law Firm’s attorneys may be able to help you recover compensation for your injuries. We serve people in South Carolina in various areas of personal injury law, including product liability, and have been practicing for over 25 years. Whether you’re in Columbia or Myrtle Beach, we’re here for you.
Call (800) 777-7777 today to hire a lawyer from our firm to represent your case.