Product liability cases deal with any injuries resulting from using a dangerous or defective product. Therefore, if you or your loved one has been injured by a product that is unreasonably dangerous, you can file a lawsuit for compensation. When you file a product liability case, you can bring an action against anyone involved with the product such as the company responsible for manufacturing the product, the wholesalers, and retailers.
Contact at Greenville product liability lawyer at Hernandez & Cabra today and get the best legal assistance for your personal injury case. We offer a free case review and consultation.
South Carolina Laws for Product Liability Cases
Under South Carolina law, sellers and manufacturers of defective products are held liable for injuries or damages caused by the defective product. In a product liability lawsuit, it’s prudent to identify that the defect caused the injury. Also, the product in question should be well preserved in the condition that caused the accident in the first place. Also, it’s ideal to have experts inspect the product thoroughly and explain how it should have been made safer for the consumers.
Well, if you hire Hernandez & Cabra for your product liability case in South Carolina, you are in the best hands. We have the resources ready to assist you with such expert analysis of the case. Note that, you are required to file a defective product lawsuit within 3 years of the date of the injury. Therefore, if you have been injured by any product, call our law firm immediately so we can start working on your case to avoid further delays.
What Are the Common Causes for Legal Action in Product Liability Cases?
In Greenville, South Carolina, these are the possible bases for product liability:
This happens when the product’s design makes it unreasonably dangerous. To establish this fact, the case must prove that the product is more dangerous in its current condition than it would otherwise be. Some products are inherently dangerous and it might not necessarily mean that’s a defective design. For instance, a gun manufacturer would not be sued for defective design if the gun was used to kill someone. However, they may be liable if the gun’s mechanism failed.
This happens when something goes wrong during the production or construction of an individual unit. A single mistake done during the assembly line can cause a vehicle to malfunction. This qualifies as a manufacturing defect.
This happens when the product is not unreasonably unsafe but may contain certain dangers that the customers should have been informed of. These include failures to warn or improper instructions that don’t mention the latent danger in the product. The basis for this liability is commonly used in prescription drugs cases.
Breach of Warranty
This happens when a product is not unreasonably safe but doesn’t meet the standards of promises implied or expressly mentioned by the seller or manufacturer. It mostly happens when the seller or manufacturer knew a consumer wanted a product for a specific purpose but made empty promises about it.
Whatever type of product liability case you have, you need to work with the best product liability lawyers in South Carolina. At Hernandez & Cabra, you have the best legal support to prove the premise of your case and guarantee that you are compensated accordingly. Contact our top-notch product liability lawyers today and get the legal support you need.
Common Items in Product Liability Lawsuits in South Carolina
Note that, a defect in any type of product can cause serious injuries. However, there are several products that are frequent when it comes to product liability cases. These include the following:
- Motor vehicles
- Medical devices (breast or hip implants)
- Children’s items such as toys, car seats, cribs, and strollers
- Heavy machinery
- Power tools
- Household appliances
- Construction materials
- Recreational vehicles such as bicycles
If you or your loved one has suffered injuries or damages due to a specific product mentioned above or anything else, feel free to reach out to us. We are the best product liability lawyers in Greenville, SC, and are ready to start working on your case immediately. We have worked on numerous cases over the years and understand the procedure of proving liability in these product claims. We are ready to start representing you today to make sure you receive the damages you are owed.
Who Can Be Held Liable for My Damages in a South Carolina Defective Product Lawsuit?
After being injured by a defective product, most people instantly blame the manufacturer for the defects. However, there are several parties that are liable for such injuries. However, depending on the exact product, it might be a little tough to identify the exact parties that should be held liable.
Well, at Hernandez & Cabra, we have the best defective product attorneys who can take up your case immediately. We will take time to gather the relevant evidence on your case so you can file a claim on the liable parties effortlessly. With our knowledge and experience, you can rest assured that you will get compensated for your injuries from using a defective product.
The best way to guarantee the best results from your defective liability lawsuit is by identifying all the parties involved in the manufacturing, distribution, and marketing of the product. This process is referred to as the chain of distribution. Here are some of the parties often involved in a simple chain of distribution:
The manufacturer is at the top of the chain of distribution and will be the first liable candidate for a defective product lawsuit. More than one manufacturer can be held liable for the injuries suffered. For instance, if you have a phone that catches fire because the battery charged too long, you can sue the phone manufacturer and battery manufacturer.
Do you suspect that there were other parties involved in creating the defective product? If there was a freelance consultant or designer, you can also sue them for damages. With our attorneys, you can rest assured that every party involved in the manufacturing process of the defective product will be held liable for the part they played.
In addition to the manufacturer, you may sue the retailer who sold you the product and other related parties in your defective product claim. Note that, any injuries caused by a defective product might not necessarily make the retailer liable. However, you are allowed to sue them for selling you a defective product. You need to keep the following things in mind when you see the manufacturer and retailer:
- You don’t necessarily have to be the buyer to sue.
- You don’t have to be the product user to sue. However, you must have been injured when the product was in use.
- You may recover damages for used products.
Yes, you may sue the wholesaler or other middleman involved in distributing the product in the market. Your injuries might not have been caused by these parties but every party involved in the chain of distribution will be responsible for being involved in the defective product in the first place.
Contact Hernandez & Cabra today and get the best Greenville product liability lawyers to help you identify the responsible parties in your case immediately.
How is Product Liability Determined in South Carolina?
Once we take over your case, we must hold someone liable for the part they played in your injuries due to a defective product. We must show your case meets the legal standard for negligence or strict liability.
Basically, we need to prove that the party was negligent and their negligence resulted in your injuries. When handling a defective product case, it might be tough and expensive to identify how a manufacturer was liable for the creation of their product.
Also, you need to prove that the distributor and retailer didn’t have an effective system in place to check the products. If they have such systems in place, they can’t be mandated to test every product going through their stores. Finally, as a consumer, you will not be expected to test every product you purchase before you buy it.
For these reasons, there is a strict liability premise where you are allowed to sue a manufacturer, retailer, and distributor simply because you were injured by the product. You don’t really need to prove negligence. Under strict liability rules, you need to prove the following:
- The product had a dangerous defect that caused the injury.
- The product caused an injury when it was being used in the right way.
- The product hadn’t been changed substantially from the original condition.
Contact Our Greenville Product Liability Lawyers
Just because you only need to prove that you were injured by a product, you don’t have to file a product liability claim on your own. You need to work with the best defective products lawyer in Greenville, SC for the best results. At Hernandez & Cabra, we are ready to help with your case.
We can start working immediately after you contact us to make sure you are compensated as soon as possible for the injuries suffered. Call us today at 864-501-4384 for a free consultation with our top product liability lawyers. We are ready to help!