North Charleston Product Liability Lawyer

Examples of Product Liability Injuries in North Charleston, South Carolina

When you think about product-related injuries, you probably think of items that have gotten a lot of press, like children’s toys containing small magnets, exploding vape pens and cell phone batteries that catch fire. If so, you might be surprised by the products that cause the most injuries. The five categories that account for the most consumer product injuries include:

• Stairs, ramps, landings and floors, accounting for 3.1 million injuries in the most recent year reported
• Beds, pillows and mattresses, according for 1.1 million injuries
• Chairs, sofas and sofa beds, accounting for 757,000 injuries
• Bathroom structures
• Clothing

In each category, the two groups most likely to suffer injuries were those aged 65 and older and those aged 0-4.

Of course, this list is far from comprehensive. Defective products can injure you in practically any area of your life. And, different types of products present greater dangers to specific groups. For example, children aged 0-4 are most likely to be injured or made ill by:

• Soaps and detergents
• Cooking ranges and ovens
• TVs and stands

Some other examples of products that could injure you or your loved ones include:

• Unsanitary food carrying illnesses or non-food contaminants
• Defective medical equipment
• Prescription drugs and over the counter medications
• Children’s toys
• Faulty auto parts
• Pesticides and fungicides
• Household appliances
• Cookware
• Personal electronic devices
• Work equipment and machinery

Of course, not every injury that involves a product gives rise to a product liability claim. Sometimes an injury occurs because someone used the item carelessly, or just due to a freak accident. To successfully pursue a product liability claim, you must be able to show that the product was defective under South Carolina law. You must also show that the defect caused your injury.

Types of Product Liability Claims

Product liability claims typically require expert witnesses. That’s because the defects are often technical and establishing them requires knowledge of industry standards and of the risks associated with the defect. Under South Carolina law, there are three types of product liability claims, though a single case may involve more than one of these claims. They are:

• Design defects: The product is dangerous as designed, meaning that even if it is manufactured perfectly and all of the materials are exactly as intended, it still presents a risk. Some possible examples include an automobile engine that has a tendency to overheat due to the design, sun protection lotion with a formula that doesn’t actually filter out UV rays, or pesticides with ingredients that do their job but are toxic to the user and others nearby.
• Manufacturing defects: There was a defect in the manufacturing of the products, such as a skipped step, a faulty attachment process, or use of a defective component. This may mean a drink that was contaminated with bleach during the manufacturing or bottling process, or a bicycle with a faulty bracket that causes the wheel to come off if the rider hits a bump. It may also mean that the material used in constructing the product was faulty or not fit for the purpose, like the degrading foam that led to the recall of millions of CPAP machines.
• Marketing defect: The customer was not adequately warned of the risks associated with the use of the product, even though the design and manufacturing of the product would have allowed it to be used safely with adequate information. For instance, a medication might be safe for most people, but dangerous if used by someone with diabetes. If the packaging and inserts don’t provide adequate warning to those with diabetes and their doctors, the manufacturer and others in the chain of commerce may be liable for harm that comes to a diabetes patient who takes the drug. Or, an electronic battery device may be safe when charged for up to six hours, but be at risk of overheating and catching fire if left on the charger longer. If the product doesn’t come with instructions for safe use, the company could be liable for damages to someone whose battery exploded after 8 hours on the charger.

We may also file certain state law claims on your behalf, including negligence and breaches of applicable warranties under South Carolina law. These claims are discussed in greater detail below.

Strict Liability for Product Defects

In any product liability case, the legal principle is that anyone who is involved in the stream of commerce (including the manufacturer and seller) can be strictly liable for the damages that their defective product causes you, even if they were not negligent and were not aware of the defect. However, they may have other defenses, such as:

• The product was not defective
• The warnings included on the packaging were sufficient to put a reasonable person on notice
• The product was not defective when it left their hands, but was somehow compromised in the chain of commerce
• The injured person or another person used the product negligently, or in a way that was not intended
• The product was modified by the purchaser or user and those modifications created the danger
• The injured party was aware of the defect and the associated risk but chose to use the product anyway

Other Claims in North Charleston Product Injury Cases

When you’ve been injured by a defective product, there may be additional related claims. The two most common are negligence claims and breach of warranty claims.

While a product liability claim doesn’t require proving that the manufacturer or seller was negligent, a separate claim may be appropriate if there is evidence of negligence. For example, imagine that in the example above about bleach contaminating a drink, the company had an established process for cleaning and testing the tubing before bottling a batch of drinks, but someone on staff had decided to skip that step because they were running behind. In that case, both product liability and negligence law might apply.

Breach of warranty claims are less common, since manufacturers are typically very careful about the promises they make, often explicitly disclaiming warranties. However, this may be an option to explore in some cases. One advantage to a breach of warranty claim, if one is available, is that the statute of limitations is typically longer.

How Long Do You Have to File a Product Liability Claim?

The answer to this question is a bit complicated. Generally, product liability claims and negligence claims both have a three-year statute of limitations. However, in some cases the statute of limitations may not start to run until you know or reasonably should have known that the product caused your injury.

For example, if your cell phone explodes in your hand and injures you, you immediately know what happened and you can expect the statute of limitations to begin to run on that day. But, if your neighbor uses a toxic weed killer and you develop a chronic medical condition, it may be much longer before you have reason to make that connection.

A breach of warranty claim involving the sale of goods typically has a six-year statute of limitations, and that clock typically starts ticking when the breach is discovered or reasonably should have been discovered.

Why You Need a Product Liability Attorney

Know that you are in for a tough legal fight when you file a product liability lawsuit. Chances are that scores of other people have been injured by the same exact product, and the defendant could be facing substantial financial liability.

Thus, insurers will often fight your case tooth and nail until it is apparent that they cannot fight anymore. They may only come to the table once they begin to learn the extent of their legal liability.

Product liability cases are often long and drawn-out lawsuits that can last for many years. Frank is up to the fight and looks forward to taking on a large company and their attorneys. He will do everything within his power to develop your case and put you in the best possible position to obtain a large financial recovery for your injuries.

Contact a North Charleston Product Liability Lawyer Today

You need an experienced product liability lawyer who has a track record of success to take on the biggest companies. At The Hartman Law Firm, LLC, we are ready with sophisticated legal help when you need justice.

Call Frank today to discuss your case and get the legal process started. You can schedule a free case review by reaching out to us online or by calling us today at 843.300.7600.