Product liability cases occur when a product, either due to its design, manufacture, or marketing, causes harm to the consumer. In South Carolina, there are several types of product liability cases that are commonly pursued. In this blog post, we will explore some of these types of cases in detail.
Manufacturing Defects
Manufacturing defects occur when a product is designed correctly, but a mistake occurs during the manufacturing process. As a result, the product becomes dangerous to the consumer. In South Carolina, a plaintiff can sue a manufacturer if a product causes injury, death, or property damage.
Design Defects
Design defects occur when a product is designed in a way that makes it inherently dangerous. The danger must be inherent in the design, meaning that the product is dangerous even if it is manufactured perfectly. Design defects are difficult to prove, and plaintiffs must show that the manufacturer could have reasonably foreseen the danger and could have designed the product differently to prevent the danger.
Failure to Warn
Failure to warn claims occur when a manufacturer fails to provide adequate warnings about a product’s dangers. In South Carolina, manufacturers have a duty to provide warnings that are clear and understandable to the average consumer. Failure to warn claims are often made in conjunction with design or manufacturing defect claims.
Breach of Warranty
Breach of warranty claims arise when a manufacturer fails to fulfill its contractual obligations to the consumer. In South Carolina, there are two types of warranties that a manufacturer may breach: express warranties and implied warranties. Express warranties are those that are explicitly stated by the manufacturer, while implied warranties are those that arise by operation of law.
Misrepresentation
Misrepresentation claims arise when a manufacturer makes a false or misleading statement about its product. This could be a statement about the product’s safety, performance, or quality. If the consumer relies on this misrepresentation and is harmed as a result, they may have a claim against the manufacturer.
It is worth noting that in South Carolina, product liability cases can be complex and challenging to navigate, which is why it is crucial to have an experienced attorney by your side. If you believe that you have a product liability claim, it is essential to act quickly as there are strict time limits on when you can file a claim.
To prove a product liability claim in South Carolina, the plaintiff must demonstrate that the product was defective and caused harm. The plaintiff must also show that they were using the product in a reasonably foreseeable manner and that they did not make any modifications to the product that caused the injury.
In South Carolina, there is a doctrine called comparative negligence, which means that the plaintiff’s damages may be reduced if they are found to have contributed to their injury. For example, if a plaintiff was injured while using a defective product but failed to follow the manufacturer’s instructions, their damages may be reduced.
Product liability cases in South Carolina can be complex and challenging to navigate, but with the help of an experienced attorney, you can seek justice for your injuries. If you believe that you have a product liability claim, it is essential to act quickly and seek legal advice as soon as possible. Remember, manufacturers have a duty to produce safe products, and if they fail in that duty, they should be held accountable for the harm that their products cause.
Christian & Christian Law is a law firm based in South Carolina that specializes in personal injury cases, including product liability cases. If you have been injured by a defective product in South Carolina, Christian & Christian Law can help you pursue justice and compensation for your injuries.
Here are some ways that Christian & Christian Law can help with your South Carolina product liability case:
Investigation: Christian & Christian Law will conduct a thorough investigation of the circumstances surrounding your injury to determine the cause and identify potential defendants.
Expert testimony: The attorneys at Christian & Christian Law work with expert witnesses who can provide testimony on product design, manufacturing processes, and other technical aspects of the case to support your claim.
Case preparation: Christian & Christian Law will prepare your case for trial, including gathering evidence, conducting depositions, and preparing witnesses.
Negotiation: In many cases, Christian & Christian Law can negotiate a settlement with the defendant before going to trial. We will work tirelessly to ensure that you receive fair compensation for your injuries.
Trial representation: If your case goes to trial, Christian & Christian Law will provide you with experienced and skilled trial representation.
In addition to our legal expertise, the attorneys at Christian & Christian Law are compassionate and dedicated to our clients’ needs. We will listen to your concerns, answer your questions, and keep you informed throughout the legal process.
If you have been injured by a defective product in South Carolina, don’t wait to seek legal advice. Contact Christian & Christian Law today to schedule a free consultation and discuss your options for pursuing justice and compensation for your injuries.