By: Brian Smith
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Injured By a Defective Product? What You Need To Know About Liability
Injured by a defective product? / What you should know about product liability
Have you or has a loved one been injured by a defective product? Whether it be a car safety defect or food poisoning, people are injured every day by defective products and may not realize they may have a right to compensation and financial relief for the pain, distress, medical bills, or any other expenses they may face. Here are some things you should know about product liability in South Carolina:
Types of defects
There are several kinds of defects in a product. These will influence which party should be held at fault in a product liability claim, whether the designer, manufacturer, marketer, or retail seller:
- manufacturing defect: this defect involves the construction of a product and may be present in just a few cases of the product. Example: an improperly installed airbag in a car.
- design defect: this defect involves the entire product line and is the result of an unreasonably dangerous or inherently faulty design. Example: a toy designed for children that is inherently dangerous to children because it presents choking hazards.
- marketing/warning defect: this defect involves a failure to provide adequate instructions or non-obvious warnings regarding a product. Example: failure of a drug manufacturer to warn customers of dangerous drug interaction; failure to warn certain categories of patients who should not use the drug.
Types of product liability claims
Depending on the circumstances of your case, you may be able to claim product liability based on the following:
- Strict Liability: the consumer will simply need to prove that the product was defective and that the consumer suffered an injury as a result.
- Negligence: the consumer will need to prove that the designer or manufacturer failed to use reasonable care in designing or manufacturing the product.
- Breach of warranty: the consumer will simply need to prove that the product did not work as promised.
- Misrepresentation: the consumer will need to prove that the guilty party hid information or provided misleading information that resulted in an injury.
If you’ve been injured by a defective product, you should speak immediately with an experienced attorney to determine the best options for your case. We’re here to help hold manufacturers and distributors accountable for any negligence on their part, and to help you receive the maximum compensation for your injury. Schedule a free consultation or call now at (864) 239-2007.