Consumer products are all around us. They provide conveniences and help us get through our busy day.
But there are instances when consumer products can be dangerous. They may be improperly packaged, or safety issues may come up with they are bring used.
Manufacturers have a responsibility to test products to make sure they are safe. If they are potentially unsafe, companies must include labeling to warn consumers of possible risks and instruct them on safe usage. Failure to do so can result in a lawsuit.
If you were injured when using a consumer product, you have a right to compensation. Dan Pruitt is a Greenville, South Carolina lawyer that can provide you with the representation you need.
What Type of Products are Liable to Cause Injury?
There are many consumer products that may be defective. These include the following:
- Food and beverages
- Electronics
- Tools
- Automobile and automotive products
- Children’s toys
- Medications and medical products
…and the list goes on.
What are Common Types of Product Defects?
There are many types of product defects, and they will vary according to the product in question. However, they can be divided into three general categories as follows:
Design Defects
Design defects occur when the design of the product is unsafe. Because there is a fault with the design, the entire product line will be dangerous. Car recalls are a good example. If your car is being recalled, there are issues with the design that affects every vehicle in the batch.
Manufacturing Defects
Manufacturing flaws may result in defects to one product or one batch of products. Contamination is an example, and it can occur if an unsafe ingredient gets into a batch of food. Another example of a manufacturing defect is when an important part is left off a certain tool or piece of equipment.
Labeling Defects
Labeling defects occur when an important piece of information is left off a label, making the product unsafe for use. One example is when a tool’s label doesn’t include instructions on how to use it properly. Another example is if a food product omits ingredients that may cause an allergy or another unpleasant side effect.
If a company releases a product with design, manufacturing, or labeling defects, the entity may be liable for damages.
Who is Responsible for a Defective Product Injury?
People that were injured by defective products may automatically think a manufacturer is to blame. However, this isn’t always the case. Here are some examples of parties that may be responsible for a defective product injury.
Manufacturer
While manufacturers are often to blame, it is essential to consider that there may be more than one manufacturer responsible for injuries. When an injury occurs, manufacturers are first in line when it comes to determining at-fault parties. For instance, if you own a phone and the battery catches fire, you will be able to go after the manufacturer of the phone and the manufacturer of the battery.
The Quality Control Team
The quality control team is responsible for testing a product to see that it is safe before releasing it. If they fail to test it properly, they may be liable for damages.
The Designer
If a design defect was behind an unsafe product, the designer might owe the victim compensation.
The Retailer
Even though the retailer is not at fault for injuries, you can sue them simply for carrying a defective product.
The Wholesaler or Distributor
If you were injured by a faulty product, you could sue anyone involved in the chain, including the wholesaler or distributor.
Keep in mind that you may be able to go after multiple parties for your defective product injuries. Here are some other things to be aware of:
- You don’t have to be the product buyer or user to sue. As long as you were injured by the product while it was in use, you may have a case.
- You might be able to collect damages even if the injury was caused by a used product.
Proving Your Design Defect Case
South Carolina is a strict liability state. That means that you do not have to show that the entity acted negligently in the design, creation, or labeling of the product. You can hold them accountable regardless of who is at fault.
However, you will have to provide some evidence to prove that the company was responsible for your injuries. You will have to show:
- That the product had an unreasonably unsafe defect that caused your injury.
- That the injury occurred when the product was being used according to direction.
- That the product had not been substantially altered from its original condition when the injury occurred.
While strict liability exists for product defect cases in South Carolina, it’s important to realize that it is a comparative negligence state. That means that the plaintiff will collect damages contingent on how ‘at-fault’ they are for the incident.
So let’s say the total damages in a specific case are $100,000, but the jury finds the plaintiff to be 30% responsible for the accident. In this instance, the injured party will only be able to collect $70,000, the total amount of damages minus the 30%.
If they are found to be more than 50% responsible for the accident, they will not be able to collect damages at all.
Why Dan Pruitt is the Best Choice for Your South Carolina Defective Product Claim?
Going after large companies for design defect injuries is not easy. It’s essential to have a good lawyer on your side.
Dan Pruitt has years of experience dealing with Greenville, South Carolina personal injury law. He won’t back down to big business. He will fight relentlessly to see to it that justice is served.
Don’t let corporations get away with negligent actions that put consumers in danger. Call Dan Pruitt to schedule a free consultation. He will help you get the closure you need to move on with your life.