Employers frequently take shortcuts that compromise worker safety, putting employee health at unnecessary risk. Similarly, many manufacturers cut corners in the production process, endangering consumer health and safety.
Additionally, numerous companies fail to inform consumers about heightened risks, and some even suppress negative information to avoid bad publicity that could harm sales.
At the CEO Lawyer Personal Injury Law Firm, our dedicated Charleston defective product attorneys promptly evaluate your claim to determine your legal rights. We then gather evidence to construct a strong damages claim that can effectively counter common defenses in these cases.
With this solid foundation, we consistently strive to achieve the best possible outcome for our clients.
How Can Our Charleston Defective Product Attorneys Help Your Case?
Having an experienced lawyer on your side is invaluable in a product liability case. It allows our clients to focus on their health and recovery while we handle the legal complexities.
If we determine that you have a valid case, we are prepared to undertake the following tasks on your behalf:
- Investigating Your Claim: We are adept at building a strong case by thoroughly investigating the accident and gathering supportive evidence that links your injury to the product defect. We may also consult with expert witnesses to bolster your claim.
- Determining Liability: We will evaluate your situation to identify who may be at fault for your injury involving multiple individuals or entities.
- Assessing the Value of Your Claim: We understand the numerous factors involved in accurately valuing damages and will ensure you do not settle for less than your case is worth.
- Negotiating for Fair Compensation: With our expertise in negotiation, we can effectively counter insurance companies’ tactics to devalue or deny claims, fighting for the full value of your claim.
By entrusting the CEO Lawyer Personal Injury Law Firm with your case, you can rest assured that you are in capable hands and dedicated to achieving the best possible outcome for you.
Why Trust Our Charleston Defective Product Law Firm With the Legal Process?
A defective product can cause serious injuries and even death to unsuspecting consumers. A personal injury lawsuit can lead to compensation for pain and suffering, medical bills, lost wages, and more.
If you believe you have all four elements of a successful product liability case, your next step is to retain an experienced lawyer in Charleston. The Charleston product liability lawyers at the CEO Lawyer Personal Injury Law Firm are ideal for all your legal matters.
Imagine that you could be our next success story. Our commitment goes beyond securing compensation; it’s about improving the lives of those who have suffered due to someone else’s negligence.
At the CEO Lawyer Personal Injury Law Firm, our primary goal is supporting and uplifting individuals who have endured injuries or losses. We provide legal counsel and professional assistance during some of our client’s most challenging times.
As a caring, empathetic local law firm, we are dedicated to helping our community members when they need it most.
Elements Necessary to Prove a Product Liability Case
Cases involving defective products are unique because plaintiffs do not need to prove the defendant’s negligence, as they do in most personal injury lawsuits. 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 mistake occurs during the product’s creation, making an otherwise safe product dangerous. For example, a swing is 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 gets too hot.
- Inadequate Safety Warnings: Manufacturers must list any hazards not obvious to the ordinary consumer and provide necessary usage directions. For instance, a children’s toy without a warning label poses 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 substantiated with photos, eyewitness testimonies, and/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 significant 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: Burns are common with defective electrical appliances, electronic devices, and flammable products. Faulty wiring, poor product design, or inadequate safety warnings can lead to serious burn injuries. These may range from first-degree burns to more severe third-degree burns requiring extensive medical treatment.
- Lacerations and Abrasions: Sharp, unexpected edges or the breakdown of materials can lead to cuts or abrasions. This is particularly common in household items, tools, and children’s toys. Lacerations may also result from the shattering of defective glass products or ceramics.
- Choking: Choking injuries are most commonly associated with children’s toys that contain small parts or products that can easily break into dangerous pieces. Choking can also occur with products that are meant to be ingested but are defectively manufactured, leading to unexpected blockages.
- Poisoning: Chemical and toxic substance exposures due to product defects can lead to poisoning. This can occur with household chemicals, pharmaceuticals, or food products that are contaminated or not properly labeled.
- Broken Bones: Defective products like car seats, furniture, or playground equipment can fail under normal use, leading to falls or collapses that result in broken bones or even more severe orthopedic injuries.
- Electrical Shocks: Electrical shocks can result from defective electronic devices, appliances, or tools that have improper insulation or faulty wiring. These shocks can range from minor to severe, potentially leading to cardiac arrest in the worst cases.
- Asphyxiation: Faulty construction or design of products that involve air-tight sealing can lead to asphyxiation. This includes defective automobile trunk locks, poorly ventilated appliances, or unsafe sleeping products for infants.
- Eye Injuries: Defective products that shatter, explode, or malfunction can send debris flying into the eye, causing scratches, punctures, or more severe traumatic injuries. Examples include defective airbags, power tools, or chemical sprays.
- Hearing Loss: Products that malfunction and produce unexpected loud noises can cause temporary or permanent hearing damage. This could include explosive devices, defective fire alarms, or malfunctioning industrial machinery.
- Neurological Damage: In some cases, products designed to interact with or enhance the body, such as electronic medical devices, can malfunction and cause neurological damage. This could result from improper operation, flawed design, or faulty manufacturing processes.
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 be your top priority. 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 purchase, such as invoices or sales receipts.
Photographs of the product and injury can also be valuable.
Consult With a Defective Products Attorney
Reach out to a lawyer experienced in product liability cases. They can guide you through the legal process, assess liability, and ensure all deadlines are met, including filing within West Virginia’s two-year 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, each case is unique, and certain exceptions may apply. It is essential to consult with a legal representative 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 exercised due diligence in ensuring the product’s safety.
Statute of Limitations
- In Charleston, as in other jurisdictions, 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, posing 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 that can fail to regulate heartbeats.
- Mesh implants 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, causing injuries.
- Paints with excessive levels of volatile organic compounds (VOCs)
Call Our Charleston Defective Product Lawyers Today!
If a product has injured you or someone you care about, contact the legal team at the CEO Lawyer Personal Injury Law Firm today. Our experienced attorneys will use their extensive expertise to help you win the compensation you need and deserve 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.
FAQs
- What should I say to insurance companies after the accident?
We advise you to be truthful but avoid making detailed statements without consulting your lawyer. Insurance adjusters may use your statements against you. Let our attorney handle communications with the insurance companies to protect your interests.
- Can I afford to hire a lawyer for my distracted driving case?
Yes, most distracted driving accident lawyers work on a contingency fee basis. This means you pay nothing upfront; your lawyer only gets paid if you win your case. 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 attorney promptly ensures that all deadlines are met and evidence is preserved.
