Employers sometimes take shortcuts that compromise worker safety, putting employee health at risk. Similarly, some manufacturers may cut corners in the production process, creating risks to consumer health and safety.
Additionally, certain companies fail to inform consumers about heightened risks, and in some cases, information may be withheld to avoid publicity that could affect sales.
At the CEO Lawyer Personal Injury Law Firm, our defective product legal team serving Charleston evaluates your claim to determine your legal options. We then gather evidence to prepare a damages claim that addresses common defenses in these cases.
With this approach, we work to pursue an outcome in line with your legal goals.
How Can Our Defective Product Legal Team Serving Charleston Help Your Case?
Having a defective product legal team serving Charleston on your side can be important in a product liability case. It allows clients to focus on their health and recovery while the legal process is managed on their behalf.
If we determine that you have a valid case, we can undertake the following tasks:
- Investigating Your Claim: We will investigate the incident and gather evidence that links the injury to the product defect. Expert witnesses may also be consulted to support the claim.
- Determining Liability: We will review the circumstances to identify who may be responsible, which can involve multiple individuals or entities.
- Assessing the Value of Your Claim: We will consider the factors involved in evaluating damages to help ensure the claim reflects the full scope of losses.
- Negotiating for Compensation: We can address insurance companies’ tactics to limit or deny claims and work toward a resolution.
By working with the CEO Lawyer Personal Injury Law Firm, you will have a legal team managing the process and assisting in pursuing a resolution to your case.
Why Trust Our Defective Product Legal Team Serving Charleston With the Legal Process?
A defective product can cause serious injuries and even death to consumers. A personal injury lawsuit can lead to compensation for pain and suffering, medical bills, lost wages, and more.
If you believe you have the necessary elements of a product liability case, your next step is to retain a defective product legal team serving Charleston. The team at the CEO Lawyer Personal Injury Law Firm can assist with your legal matters.
Imagine that your case could be the next resolution we help achieve. Our focus goes beyond seeking compensation; it’s about addressing the needs of those affected by another party’s negligence.
At the CEO Lawyer Personal Injury Law Firm, our primary goal is to provide legal guidance and assistance to individuals who have sustained injuries or losses. We offer counsel and support during challenging times.
As a local legal team, we assist clients in navigating the legal process when they need it most.
Elements Necessary to Prove a Product Liability Case
Defective product cases differ from typical personal injury claims, as plaintiffs aren’t required to prove the defendant’s negligence. Instead, the plaintiff must demonstrate that the product had a defect and caused the injury.
In Charleston, proving a defective product case requires establishing four elements:
- Plaintiff Suffered Losses or Sustained an Injury: Losses can include property damage, financial losses, or personal injuries.
- Product is Defective: A defect can be categorized into one of three types:
- Manufacturing Error: This occurs during the product’s creation, making an otherwise safe product dangerous, for example, a swing missing one of the links in its chain.
- Design Flaw: This makes a product inherently dangerous, even if manufactured correctly. An example is a teakettle that cracks when it becomes too hot.
- Inadequate Safety Warnings: Manufacturers must list hazards not obvious to the ordinary consumer and provide necessary usage directions. For instance, a children’s toy without a warning label could pose a choking hazard to kids under the age of three.
- Defect Caused the Injury: Proving that a product is defective is not enough; it must also be the cause of the injuries. This can be supported with photos, eyewitness testimonies, or medical records.
- Proper Use of the Product: The product must have been used as the manufacturer intended at the time of the incident. For example, using a clothing iron to straighten hair would likely invalidate a claim for a subsequent burn injury.
What Are the Most Common Injuries Associated With These Cases?
Defective products can pose risks to consumers, leading to injuries that vary in severity depending on the nature of the defect and the product involved.
Here’s an overview of some common injuries associated with defective products:
- Burns: These can occur with defective electrical appliances, electronic devices, and flammable products. Faulty wiring, unsafe design, or inadequate safety warnings can cause burns ranging from first-degree to more severe third-degree burns requiring medical treatment.
- Lacerations and Abrasions: Sharp, unexpected edges or material breakdown can cause cuts or abrasions, often seen with household items, tools, and children’s toys. Injuries may also result from the shattering of defective glass or ceramic products.
- Choking: This can occur with children’s toys containing small parts or items that can break into dangerous pieces. It may also happen with products meant to be ingested but defectively manufactured, leading to blockages.
- Poisoning: Exposure to chemicals or toxic substances due to defects can cause poisoning. This can involve household chemicals, medications, or contaminated food products that are not properly labeled.
- Broken Bones: Items such as car seats, furniture, or playground equipment can fail during normal use, leading to falls or collapses that cause fractures or other orthopedic injuries.
- Electrical Shocks: Defective devices, appliances, or tools with poor insulation or faulty wiring can cause shocks ranging from mild to severe, potentially leading to serious complications.
- Asphyxiation: Faulty design in products involving air-tight sealing can lead to asphyxiation. Examples include defective automobile trunk locks, poorly ventilated appliances, or unsafe infant sleep products.
- Eye Injuries: Products that shatter, explode, or malfunction can propel debris into the eye, causing scratches, punctures, or more severe trauma. Examples include faulty airbags, malfunctioning power tools, or defective chemical sprays.
- Hearing Loss: Malfunctioning products that produce sudden loud noises can cause temporary or permanent hearing damage, such as defective alarms, explosive devices, or industrial machinery.
- Neurological Damage: Malfunction in products designed to interact with the body, such as certain electronic medical devices, can cause neurological harm due to flawed design or faulty manufacturing.
What to Do After Getting Injured by a Dangerous or Defective Product?
Taking immediate action is necessary if you have suffered an injury due to a defective product. Here are some important steps to follow:
Seek Medical Attention Right Away
Your health and safety should always come first. Obtain medical attention as soon as possible following the injury. Keep detailed records of any treatment you receive.
Preserve the Defective Product
Keep the faulty item as evidence. Do not discard or alter it in any way. A physical product, whether a drug, medical device, vehicle part, or toy, is vital for establishing liability.
Document the Incident
Take detailed notes of how you acquired the product and the circumstances surrounding the injury. Keep records of your purchases, such as invoices or sales receipts. Photographs of the product and injury can also be valuable.
Consult With a Defective Products Legal Team Serving Charleston
Reach out to a legal team experienced in product liability cases. They can guide you through the legal process, assess liability, and ensure all deadlines are met, including filing within South Carolina’s statute of limitations.
Do I Have a Time Limit to Pursue Compensation?
In South Carolina, product liability cases are categorized under personal injury law. According to the statute of limitations, victims typically have three years from when the injury occurred to file a claim.
Claims not filed within this time frame may be barred, preventing the victim from pursuing compensation.
However, every case has its own circumstances, and certain exceptions may apply. It is essential to consult with a legal team serving Charleston as soon as possible to determine if you can still file a claim, even if three years have passed.
This timely consultation can help you understand your rights and any potential exceptions to the statute of limitations.
Possible Legal Challenges to Product Liability Claims
When addressing product liability claims in Charleston, it’s important to consider the potential legal challenges that may arise. These challenges can impact both plaintiffs and defendants involved in these cases. Understanding these obstacles can help prepare for a more informed legal strategy. Here’s a closer look at some possible legal challenges to product liability claims in Charleston:
Proving Product Defect
One of the primary challenges in a product liability case is establishing that the product was defective. Plaintiffs must prove that the product had a manufacturing defect, design defect, or failed to provide adequate warnings or instructions. This requires substantial evidence, which may include expert testimony, detailed analysis of the product’s design and manufacturing process, and comparisons with industry standards.
Establishing Causation
Even if a defect is identified, the plaintiff must prove that this defect directly caused the injury. This can be complicated, especially in cases where external factors could have contributed to the incident. Defendants might argue that the injury was due to improper use of the product, pre-existing conditions, or other intervening events that absolve them from liability.
Product Misuse
A common defense in product liability cases is that the plaintiff misused the product in a way that was unforeseeable by the manufacturer. If a defendant can successfully demonstrate that the product was used improperly and that this misuse led to the injury, they may significantly weaken the plaintiff’s claim.
Compliance with Standards and Regulations
Defendants may argue that the product was designed and manufactured in accordance with existing standards and regulations. Compliance with these standards can sometimes be used as a defense, suggesting that the manufacturer took reasonable steps to ensure the product’s safety.
Statute of Limitations
In South Carolina, product liability claims must be filed within a specific time frame from the date of the injury or when the injury should have been reasonably discovered. Missing this deadline can bar the plaintiff from pursuing the claim altogether.
Contributory Negligence
South Carolina follows a modified comparative negligence rule. If the plaintiff is found to be partially at fault for their own injuries, their compensation can be reduced proportionally. If their fault level reaches a certain threshold, they may be barred from recovering any compensation.
Economic Loss Rule
This legal doctrine limits the recovery of damages to situations where there is personal injury or damage to other property; purely economic losses are generally not recoverable in product liability cases unless there is a breach of contract or warranty claim involved.
What Are the Examples of Defective Products?
Defective products can vary widely across different categories. Some of the most common examples include:
Automotive Defects:
- Faulty airbags that fail to deploy during an accident.
- Malfunctioning seat belts that do not secure passengers properly.
- Defective tires leading to blowouts and loss of vehicle control.
Children’s Products:
- Toys with small parts that can cause choking hazards for young children.
- Cribs with faulty railings, leading to potential falls or entrapment.
- Baby strollers that can collapse pose a risk of injury.
Electronics:
- Smartphones with batteries prone to overheating or exploding.
- Laptops or computers that catch fire due to faulty wiring or components.
- E-cigarettes that explode due to battery malfunctions.
Medical Devices:
- Hip implants that fail prematurely, causing pain and mobility issues.
- Heart pacemakers with faulty wiring can fail to regulate heartbeats.
- Mesh implants are causing complications like erosion or infection.
Pharmaceuticals:
- Medications with impurities or incorrect dosages.
- Drugs without adequate warnings about potential side effects.
- Over-the-counter products that contain harmful substances.
Appliances:
- Washing machines or dryers that can catch fire due to electrical issues.
- Space heaters that overheat and cause fires.
- Refrigerators with defective compressors leading to food spoilage.
Household Products:
- Cleaning products containing chemicals that can cause burns or respiratory issues.
- Furniture that is unstable and prone to tipping can cause
- Paints with excessive levels of volatile organic compounds (VOCs)
Call Our Defective Product Legal Team Serving Charleston Today!
If a product has injured you or someone you care about, contact the defective product legal team serving Charleston at the CEO Lawyer Personal Injury Law Firm today. Our legal team will use its knowledge of these cases to help you seek compensation for medical bills, lost wages, and other damages resulting from the harm caused by a defective product.
Do not hesitate to email or contact us at (864) 664-3865 to set up a complimentary consultation. We’ll clarify your questions and detail your legal options.
FAQ
What should I say to insurance companies after the accident?
We advise you to be truthful but avoid making detailed statements without first consulting our legal team. Insurance adjusters may use your statements against you. Let our legal team handle communications with the insurance companies to protect your interests.
Can I afford to hire legal help for my distracted driving case?
Yes, most distracted driving accident legal teams work on a contingency fee basis. This means you pay nothing upfront; payment is only required if your case is successful. This arrangement allows you to access legal representation without financial stress.
How long must I file a claim after a distracted driving accident?
In Charleston, the statute of limitations for personal injury claims is typically three years from the date of the accident. Contacting our legal team promptly ensures that all deadlines are met and evidence is preserved.
