Expert Product Liability Lawyer in Charleston

A product liability attorney helps people recover damages when they have been harmed by a dangerous or defective product. That covers a wide range of products, from prescription drugs to motor vehicle parts. Because of the range of potentially dangerous products, product liability claims are often coupled with other types of claims, such as medical malpractice or motor vehicle accident claims.

When you hire a personal injury attorney for defective products, you typically won’t be asked to pay anything up front. Instead, the product liability lawyer will usually offer you a contingency fee arrangement. That means you won’t pay any fees unless and until the lawyer settles your case or wins an award for you at trial. Then, your fees will be based on a pre-agreed percentage of the award.

“Defective” under South Carolina product liability law may not mean exactly what you expect. There are three ways a product may be deemed defective under product liability law:

• The product was designed in a manner that is unreasonably dangerous
• The product contains unsafe materials or components, or was assembled incorrectly in a way that makes it dangerous
• The product is not accompanied by adequate information and warnings to ensure that people can use it safely

A product liability lawyer in Charleston, SC, can take on a wide variety of cases involving faulty products or inadequate safety warnings. Some common examples include:

• Ineffective safety equipment, such as the 3M earplugs that resulted in a multi-billion dollar settlement, or Takata airbags, which are believed to have killed at least 23 people
• Drugs that caused harm because they had inadequate warnings, such as a recommendation that the drug not be used by people with certain medical conditions
• Car accident injury cases where the injury was caused by a failed car part or safety device
• Children’s toys that are dangerous to young children–such as having small parts that are a choking hazard–but are marketed for that age group
• Machinery with inadequate or malfunctioning safety guards, cut-off switches or other protections

These are just a few of many possible examples. If you believe you may have been injured due to a defective product or inadequate labeling, you should speak to a local product liability attorney to find out whether you may have a claim.

Under South Carolina law, you may be able to file a product liability lawsuit. You will need to be able to show that the product falls within the state’s legal definition of defective. Product liability lawsuits can be quite technical and typically require the use of expert witnesses to establish that the product wasn’t up to accepted standards, so you will want to talk to a Charleston product liability lawyer before you take any action.

Every product liability case is different. The best way to find out what types of damages may be available in your case is to talk to an experienced attorney for defective products.

Some of the most common types of damages awarded in product liability cases include:

• Medical expenses associated with your injury
• Lost income due to your injury
• Intangible losses like pain and suffering and loss of quality of life

The general statute of limitations for a product liability claim in South Carolina is three years from the date of the injury. However, for certain types of injuries, the time limit may be more complicated. That’s because harm from defective products doesn’t always show up right away. In that situation, the statute of limitations doesn’t start running until you knew or reasonably should have known about the injury.

If you’ve become aware that you were injured or made ill by a defective product, you shouldn’t assume that it’s too late to file. Talk to a product liability lawyer in Charleston as soon as you realize you may have a claim.

In most cases, the manufacturer, the retailer, and any wholesalers in between may be held liable for harm caused by defective products. To be potentially liable, the entity must be in the business of selling the product and expect the product to reach the consumer substantially unchanged from the condition in which it leaves their hands. The product must also actually reach the consumer substantially unchanged.

Unlike many other types of injury claims, a product liability claim does not require that the manufacturer or seller was negligent.

Your product liability lawyer won’t expect you to have everything needed for your case when you make the initial call or arrive for your initial consultation. However, the more information you can bring, the better the attorney will be able to advise you during your consultation.

At a minimum, you should bring product information such as the name of the product, the manufacturer, which model or version it was, and when and where you bought it. You will also want to bring any medical records or other documentation of losses due to the defective product. If you have photos or videos from the incident, bring those, along with any contact information you may have for witnesses. And, you should be prepared to explain how the injury occurred.

Depending on your case, your product liability attorney might give you a list of information to gather either when you schedule your consultation or after you meet with them.

Key characteristics to look for in a product liability attorney include:

• Experience with product liability cases–these cases are different from other types of injury cases
• Trial experience, so you can be confident the attorney will take your case to court if it’s in your best interest
• Concern for you and willingness to listen to you and advise you based on your goals and priorities