Has a defective product injured you or a lover while using it? Have you lost property or incurred property damage while using a defective product?
At Johnson, Johnson, Whittle, Lancer and Staggs, we specialize in pursuing defective product claims, helping Aiken residents in South Carolina seek damages from designers, manufacturers, distributors, and sellers of defective products.
Our team of experienced Aiken product liability lawyers will help determine the best legal theory to use while pursuing your case. Additionally, we tenaciously and diligently work to unearth and gather all the evidence needed to prove your claim.
If you need a skilled and knowledgeable Aiken personal injury attorney, look no further than JJWLS. We are your go-to law firm when you need a defective product case handled the right way the first time.
What is Product Liability?
Product liability is a part of state law that governs how injuries caused by defective or dangerous products are handled. In other words, product liability refers to the legal liability placed on manufacturers, distributors, and sellers when a product causes harm to consumers.
When consumers in Aiken purchase a product, they do so with the expectation that they will not be injured when using the product. If a consumer is injured while using the product, they can hold the manufacturer, distributor, and/or seller liable for the resulting injuries. To this end, the consumer can seek civil compensation for the damages incurred.
The state product liability laws adopted from the Uniform Commercial Code (UCC) govern these cases and provide the legal framework to determine whether the manufacturer, designer, distributor, or seller is liable for the harm or injuries.
They may be found strictly liable for injuries caused by defective products. As such, the plaintiff has to prove the product was defective and the cause of injuries but does not have to prove fault or negligence on the defendant’s part.
South Carolina also adheres to a comparative negligence system. This means that if the injured party is found to have contributed to the injury, the damages will be reduced based on the percentage they contributed to the injury.
For instance, if the consumer ignored warning labels prior to the injury, the court may determine the consumer to be 40% at fault and assign the rest to the product manufacturer. In such a case, the plaintiff will be compensated 60% of the total damages.
What Are Some Common Types of Product Liability Claims?
Some of the common types of product liability cases that our Aiken product liability lawyers see are:
Strict Liability
Strict liability claims allow a person to make a claim following losses or injuries caused by a defective product without proving negligence by the designer, manufacturer, distributor, or seller. Strict liability claims do not require the affected individual to prove when the defect happened within the chain of commerce.
Finally, the court does not expect the consumer to check every product for defects while making purchases.
Manufacturing Defects
A manufacturing defect is another common defective product claim. This claim arises when a product has been designed correctly, but errors in its manufacture or assembly result in a product that is out of spec and different from other products of the same model.
For instance, when brake disc failure causes an accident in Aiken due to defects, South Carolina law allows plaintiffs to seek damages from the product manufacturer.
Design Defects
Aside from errors in the manufacturing or assembly process, the design may yield an inherently dangerous product. As such, the manufacture of the product may be up to spec but still be dangerous to consumers. In some cases, the entire line of products produced in adherence to the design would be dangerous.
You can seek damages from the designer or entities charged with designing the product if the product design is inherently flawed and dangerous. However, it can be difficult to prove liability in this case, as you and your Aiken product liability lawyer must show the designer could have reasonably foreseen the flaws in the design and the danger it yields.
Additionally, proving that the designer could have designed the product differently to prevent the danger might be difficult. Proving design defect claims requires experts in the field.
Breach of Warranty
Breach of warranty claims emerge when a manufacturer fails to meet their contractual obligation to the consumer. For instance, if the product in question does not live up to expectations expressed in the warranty, the consumer can seek a breach of the express warranty.
In other cases, consumers might seek compensation based on an implied warranty by operationalizing the law, even when the product does not carry a warranty.
Failure to Warn, Inadequate Instructions, or Marketing Defects
A marketing defect-based product liability claim may arise when the manufacturer does not inform consumers about the inherent risks associated with using the product or provides poor user instructions, resulting in injuries. Manufacturers in South Carolina are required to provide clear and easy-to-understand warnings and instructions.
Other common types of product liability claims that Aiken residents can pursue are misrepresentation and negligence claims.
How Can an Aiken Product Liability Lawyer Help Me with a Product Liability Claim?
While defective products hurt millions of people, not all affected individuals are compensated for the injuries and losses incurred. Product liability claims are complex and difficult to prove, while the process of filing and seeking damages is inherently convoluted.
To increase the odds of getting damages for your injuries and/or losses, you need the input of an experienced Aiken product liability lawyer.
An Aiken product liability lawyer specializes in proving defective products caused injury and losses. They help clients collect the evidence necessary to prove the product was the cause of the injuries and losses.
Our defective product attorneys work with industry experts to investigate the product and determine the exact cause of the defect and how the designer, manufacturer, or seller is liable for the defect.
Aside from gathering evidence, a product liability attorney helps prepare witness testimony, evaluate photographic and video evidence, handle the discovery procedures, and everything else to support your case. However, our Aiken product liability lawyers also help you handle a negotiated settlement for non-trial resolutions to your claim for damages.
What to Do if You’ve Been Hurt by a Dangerous or Defective Product?
The steps you take right after an injury caused by a product will go a long way toward determining how successful your defective product liability will be.
From our experience, here are recommended steps from our Aiken product liability lawyer that you should take after you get injured by a defective product:
- Document Accident and Retain the Evidence – If you can, photograph the accident, location, and production in question. Retain evidence of how you came into possession of the defective product. Such documents include sales receipts, extended warranties, and maintenance documentation attained when purchasing the product. Finally, if possible, keep the product, as it will form part of your evidence.
- Seek Medical Attention – Your safety and health are of the utmost importance. Seek medical help immediately if the injuries are serious. Even if the injuries are not serious, you must seek medical attention. A record of the injuries will go a long way toward proving your case.
- Write a Record of Your Account – While the events are still fresh in your mind, note what happened for future reference. Doing this will help you avoid forgetting the details, which will be important later on.
- Gather Contact Details – If the accident happened in public, try to collect some contact details in case you need witnesses in your case.
- Contact Us – Finally, contact us for professional legal guidance. Seeking damages for injuries or losses caused by a defective product is never straightforward. You need the best Aiken product liability lawyer working on your case to uphold your right to compensation for damages.
You must refrain from sharing your experience on social media. The defendant might use your post against you.
Is There a Time Limit for Filing a Product Liability Lawsuit in South Carolina?
There is no law explicitly denoting limitations on product liability cases in South Carolina. However, the statute of limitation for personal injury and wrongful death claims applies to product liability suits. With this in mind, a limitation of three years applies from the date of injury. Once the three-year limit elapses, the injured party cannot file a suit to claim damages.
That’s why contacting our Aiken product liability lawyer at JJWLS is essential as soon as the injury or harm occurs. The clock towards the statute of limitation for a personal injury starts ticking from the moment the injury occurs. Don’t let timing impede receiving damages caused by defective products.
Get in Touch With Skilled Aiken Product Liability Lawyers to Discuss Your Case
Defective products are not just a nuisance. In many cases, they also cause injuries and loss of property. Unfortunately, seeking damages can also be a hassle and time-consuming. That is why we believe if you’ve endured harm or incurred losses from using a defective product, you shouldn’t walk alone on the journey to seek damages.
At JJWLS, we work with clients to ensure they get their rightful damages. We are experienced and passionate about helping our clients get justice. Contact us today for effective legal representation. Call our Aiken product liability lawyers today at (803) 649-5338 for a consultation!
