When you purchase a product, you expect it to be effective and safe to use. Product manufacturers and other parties involved in a product’s manufacturing, marketing, and distribution have a legal responsibility to ensure the product will not harm consumers if used as directed.
Unfortunately, some products are put on the market with dangerous defects and design flaws that put consumers at risk. If you have been injured by a defective product, you may be entitled to seek financial compensation from the manufacturer.
At Joye Law Firm, our trusted Summerville personal injury attorneys have a successful history of demanding just compensation for people in South Carolina who have sustained serious injuries from defective products. Our record of results for clients in cases involving unsafe products includes a $262 million verdict for the family of a deceased child in an automotive product liability case and a $7 million settlement for a woman paralyzed by a defective door latch. Every case has different facts. But our attorneys have the experience and determination to take on these challenging cases. An attorney at Joye Law Firm can review your injury and help you determine whether you have a valid defective product claim during a free case review.
Call us today at (888) 324-3100 or fill out our online contact form to learn more about your legal options.
What Are Defective Products?
Defective products are items sold to consumers despite a design flaw or manufacturing defect. The product may be dangerous because of a flaw in the product’s design, an issue with the manufacturing process, or a failure to provide adequate warning of known risks associated with the product. The area of law concerned with consumer injuries caused by defective products is known as product liability law.
If you were injured by a defective product, you may have the right to file a product liability lawsuit against the product’s manufacturer or another party involved in the product’s chain of distribution. You may seek compensation for your medical expenses, lost wages from missed time at work, and other injury-related losses.
To bring a successful product liability lawsuit, you must be able to demonstrate the following:
- The negligent party designed, manufactured, distributed, or sold the product
- You used the product as it was intended to be used
- The product was flawed or defective in some way that resulted in your injuries
Product liability cases are complicated cases that require a thorough investigation to search for evidence to prove the responsible party was negligent. A knowledgeable Summerville defective product attorney at Joye Law Firm can investigate the origins of a product defect, gather evidence to build a strong case, and pursue the full compensation available by law.
Causes of Defective Products
There are multiple ways that a defective product can enter the market:
- Design defects – A design defect is a flaw in the original design of a product. Design defects can make all products manufactured using the design unsafe to use, even if they are manufactured properly. If the manufacturer designed the product, the manufacturer would liable for any harm caused by a defective design.
- Manufacturing defects – A manufacturing defect is any flaw introduced to a product during the manufacturing process. Manufacturing defects can occur when manufacturers use shoddy materials, assemble their products poorly or produce products in unsanitary conditions that can cause contamination. A manufacturing defect may affect certain lots of a product rather than an entire product line.
- Marketing or labeling defects – A marketing or labeling defect impacts the information or instructions that consumers receive with their products. Even a well-designed and properly manufactured product can be dangerous without adequate safety warnings. Manufacturers, distributors, and retailers may bear liability if their products contain marketing or labeling defects.
If you have sustained a serious injury from an unsafe product, you need to focus on your health and recovery. You are unlikely to receive fair treatment if you try to deal on your own with the manufacturer of a defective product or their insurance company. That’s why it’s best to work with an experienced defective product attorney in Summerville who knows the types of evidence to seek to hold negligent parties accountable.
Common Types of Defective Products
Any type of defective product can potentially leave consumers with significant injuries. However, the following categories of defective products are among the most common:
- Prescription drugs
- Medical devices and implants
- Motor vehicles and parts
- Recreational vehicles (RVs)
- Cribs, car seats, and strollers
- Children’s toys or play equipment
- Heavy machinery
- Power tools
- Household appliances
- Construction materials
- Electrical devices
- Ladders and step stools
- Chemical products
- Elevators and escalators
- Food and agricultural goods
- All-terrain vehicles (ATVs)
- Bicycles and scooters
What To Do if You Were Injured by a Defective Product in Summerville
The steps you take after a defective product injury can have a significant impact on your legal rights and your ability to seek compensation.
Here are some steps you can take to protect yourself after an injury caused by a defective product:
- Seek medical attention – Your health should be a top priority after any serious injury. It’s important to seek medical care as soon as possible. In doing so, you can obtain the care you need and establish a formal record of your condition. Make sure to follow your doctor’s prescribed care plan. It could adversely affect your health and your legal case if you disregard the doctor’s directions.
- Gather evidence – Gather as much evidence as you can by preserving the defective product, any packaging or instructions that came with the product, receipts or proof of purchase, and the clothes you were wearing when you were injured. You should take photos of the area where the incident occurred and ask any available eyewitnesses for statements.
- Keep track of documentation – Hold on to any documentation related to the incident, including your medical records, hospital bills, and your own written recollections of what happened. Thorough documentation can provide a complete picture of the causes and effects of the defective product incident.
- Contact a trusted defective product attorney – Product liability cases tend to be complex to prove. If you were injured by a defective product, you should work with a trusted defective product lawyer who isn’t afraid to stand up to corporate attorneys and demand fair compensation on your behalf.
Who Can Recover Compensation When Harmed by a Defective Product?
If you sustained injuries from a product you purchased that has a suspected defect, you may have the right to pursue compensation for your losses.
Here are some of the types of compensation you could be entitled to after a defective product injury:
- Medical expenses from the treatment for your injuries
- Incidental expenses related to your injuries, such as the costs of traveling to and from medical appointments
- Lost wages from any time you miss at work while recovering
- Future losses, such as the costs of medical care you will likely need in the future and the projected value of losses in your future earning capacity
- The intangible costs of the pain and suffering you endure due to your injuries
Determining Who Is At Fault in a Defective Product Case in Summerville
At Joye Law Firm, our dedicated product liability lawyers conduct thorough investigations to identify all parties who may be at fault in your defective product injury case. This will allow you to seek the compensation you deserve from all available sources, which may include the following:
- Designers – If there are inherent flaws in a product’s design, the party that designed the product may be liable for defective product injuries. Examples of design defects include faulty safety guards on power tools and automotive designs that create an unreasonable risk of rollover accidents.
- Manufacturers – If a dangerous defect affects a product because of errors in the manufacturing process, the manufacturer may be liable. Examples of products with manufacturing defects include products made with poor-quality materials and products that are not assembled or calibrated correctly.
- Distributors – Before a defective product is sold to consumers, wholesalers and distributors typically act as middlemen between manufacturers and retailers. Because these distributors are part of the product’s chain of distribution, they can be liable for their involvement.
Contact a Summerville Defective Products Lawyer Today
Did you sustain injuries while using a defective product? If so, our personal injury attorneys at Joye Law Firm can help you navigate every aspect of a product liability claim and seek the compensation you need to move forward. For more than 50 years, Joye Law Firm has been serving South Carolinians coping with serious injuries. We have the resources and litigation experience that makes a difference. We have obtained millions of dollars for our clients in the past, and we have the knowledge and experience to help you too.
Our team of experienced Summerville lawyers is standing by to begin work on your case immediately. Don’t hesitate to call us at (888) 324-3100 or contact us online for your free initial case review.