Just like the injuries that result, product liability claims vary in type.
- Design defects: This claim asserts that the design of the product itself is unreasonably dangerous and the product should never have been manufactured in the first place.
- Manufacturing defects: This claim, the most common, involves a safe design that was manufactured improperly, resulting in injury or wrongful death.
- Warning/labeling defects:This claim refers to the manufacturer’s failure to warn about the product’s risks.
Depending on the product liability action, multiple entities along the chain of distribution may be held liable. The defective product passed through many hands before reaching yours, going from design to manufacturing, then getting distributed to retailers.
With many moving parts to consider, most people are not sure what to do when a defective product causes an injury. Who should be held liable? Is a design defect to blame? Can I recover compensation?
The best course of action is to first seek medical attention, then consult a product liability lawyer immediately.
The majority of product liability claims fall into this category, requiring the person hurt by a defective product to prove two things:
- That the product defect exists
- That an injury resulted
If this can be proven, the manufacturer is deemed strictly liable. Note that strict liability does not apply for products that are purchased second-hand.
Breach of warranty is another important term. It includes the two warranties that consumers
trust when making a purchase.
- Express warranty: Made by the manufacturer or retailer about the product’s safety
- Implied warranty: Implied promise that the product is safe when used as directed
If you've been hurt by a defective product, our product liability lawyers will take on the manufacturing company to recover the compensation you deserve. Our team is well-versed in the intricacies of personal injury law and product liability claims, and we'll put our experience to work for you.
Call David Taylor Law today to take the first step toward justice and compensation: scheduling your free consultation. As your South Carolina product liability lawyers, we will take the time to learn about your situation and offer the trusted legal advice you need for the days ahead.
Our law firm’s compassionate, caring approach is focused on your future — and ensuring you receive the support and compensation necessary to get your life back on track.