Defective Products Attorney – South Carolina Product Liability Lawyer
Everything from batteries to airplanes have been discovered to have something that went wrong in the manufacturing process. While every company strives to create a product that is the best on the market, sometimes there are errors.
Every product has some type of government agency that double checks the work of a manufacturing company. These are the people who often find the defects as they track the performance of the product. If they feel it is a danger they will ensure it is pulled off the market for purchase and encourage owners to bring it in to be fixed or to be replaced.
Defective Product Liability Claims
Because just about anything can be defective and can cause damage of some kind, defective product liability claims come in nearly limitless forms. Most cases, however, fall into one of three broad categories:
- Defective manufacture;
- Defective design; or
- Failure to provide adequate product warning or instruction.
Understanding each category and how it might relate to your case is instrumental to bringing a successful defective product liability case. For any claim to stick, however, it’s also imperative that you prove that the product’s defect caused your injury – it’s not enough to simply prove that the product is defective or that you were injured while using the product.
The most straightforward kind of defective product liability claim involves an injury-causing product that was manufactured defectively. Such a product is rendered defective via a flaw in its production, which usually occurs at the fabricating factory. The product is defective in a way that makes it unique from the rest of the products created in its likeness that hit the shelves. Defects that result from manufacture can be practically limitless in their variety and can range from tainted medications to the substandard production of an integral car part – and much, much more.
Things can get tricky when you must prove that the product’s manufacture defect caused your injury. If, for example, your car was equipped with defective brake pads, and you went out for a joy ride of a Sunday afternoon, misjudged a curve, hit the ditch, and were injured, you would have to be able to show that it was the faulty pads and not your faulty driving that caused the accident and thus your injury.
If a product’s design is defective, the product itself is inherently defective. Such defects, unlike manufacture defects, are not the result of an error in manufacture but arise out of the product’s original design. Thus, the entire line of products is defective and possibly dangerous. This is true even though the products were probably created in exact accordance with proper manufacturing. Again, such defects can be practically limitless, including cars that have a built-in tendency to overheat, sun protection that fails to protect, and toys that are made from toxic materials.
Bringing such a case is similarly tricky, because – again – you must be able to prove that the design flaw caused your injury. If, for example, you are injured while slamming into another car that you’ve been tailgating, you won’t have a viable claim unless you can show proof that your car was overheating at the time and that your accident was somehow caused by that overheating.
Inadequate Warning or Instruction
When a manufacturer fails to adequately warn or instruct you regarding a product, a failure to warn claim can come into effect. Such cases usually involve products that, if not used properly, can be dangerous or products that are dangerous in some way that isn’t obvious to users or that necessitate the exercise of caution with their use. This kind of defect can play out in several different ways, including a medication that isn’t labeled as contraindicated for use with other common medications, a cleaning agent that doesn’t come with adequate safe-handling instructions, or an electric skillet that doesn’t provide enough warning regarding how hot its handles become during the cooking process.
As with the other types of defects, you’d have to prove that this lack of instruction or warning caused your injury. If, for instance, you badly burn yourself while operating your electric skillet, you’d need to prove that the burn was directly caused by the skillet’s hot handles that you weren’t adequately warned about.
Understanding Defective Product Liability
A good way to better understand the three categories of defective products is to look at one product through the lens of each defect. Since medications are commonly cited in defective product liability claims, we’ll look at an over-the-counter pain medication, PainFree.
If you take PainFree for your headache and you’re injured because your bottle of PainFree is defective and includes a toxin that other bottles of PainFree don’t, you have a manufacturing defect claim.
If, instead, you take PainFree for your headache and you’re injured by the original product that was manufactured correctly, you have a product design claim.
Finally, if you take PainFree for your headache and you’re injured because you took it in combination with ibuprofen, which is contraindicated but is not identified as such on the label, you have a failure to warn claim.
Understanding how each category serves a specific purpose can go a long way toward helping you understand your defective product liability claim.
Your Defective Product Liability Case
Defective liability cases can be extremely complicated, and each case must prove not only that the product was defective in a specific way but also that that specific defect caused you harm. There’s often a lot involved, and large manufacturers aren’t in the business of taking such claims lightly. In fact, many have legal teams in place to effectively quash pesky defective product liability claims. If you’ve been injured by a defective product that you purchased in good faith, fight for your right to compensation. Obtain skilled legal representation with significant experience prosecuting defective product liability claims. The Hartman Law Firm, L.L.C. has decades of experience handling cases like yours, and we’re here to help guide your case toward its most satisfactory outcome. We care about you and your defective product liability case, and we can help – please give us a call.
If you believe your injury or illness was caused by a product that was manufactured wrong, you need to talk to an attorney who will work to see if there are other people having the same problems you are. That may be a large factor in getting what you deserve after the mistakes the company caused you.Frank Hartman is the attorney you need to put to work for you. His dedication to the answers is exactly what you need.
If you have concerns or injuries as a result of a product, contact the Charleston defective products attorneys at Hartman Law Firm, L.L.C. today for a free, no-obligation consultation. Call us today at 843-300-7600 or fill out our online form. We represent emergency room negligence victims throughout Charleston and across South Carolina. There are statutes of limitation that limit the time in which you can bring a claim. So, don’t delay. Get help now.