Summerville Product Liability Lawyer
There are perils around every corner; from drunk drivers, sexual predators, the opioid epidemic, and texting teens behind the wheel, being injured by a defective or dangerous consumer product was probably the last hazard on your mind. Furniture, electronics, and baby toys do not exactly ooze malice. However, hundreds of thousands of Americans are seriously injured by defective products every year, and thousands end up dying from their injuries. If you or a loved one suffered an injury from a dangerous or defective consumer product of any type, the Summerville product liability lawyers at Shelbourne Law are here for you in your time of need.
Who is Liable?
There are generally three categories of responsible parties when it comes to defective products: the designer, the manufacturer, and the marketing agency. A fourth party that could be held liable is the retailer, though in order to be liable they would have to have knowledge that the product they were selling was dangerous—maybe they ignored a recall, for example—and sold the product anyways.
- Design Defects—The designer is held liable because the actual design of the product is defective;
- Manufacturing Defects—The design was safe but the manufacturer made an error in producing the product, which caused an injury; and
- Marketing Defects—The product was marketed to the wrong user group, market for the wrong usage purpose, or did not contain proper warnings or a user manual.
Common Types of Defective Products
- Boats, RVs, ATVs, and other recreational automobiles;
- Sports products;
- Technology devices;
- Medical devices;
- Food items;
- Kitchen appliances;
- Personal hygiene products; and
- Much more.
Defective Products and Liability
Under South Carolina Section 15-73-10, the seller of a defective product that is unreasonably dangerous is liable for physical harm caused to the user or consumer when:
- The seller is in the business of selling such products (the seller is a company, as opposed to someone who sold something at a garage sale, for example); and
- The product reached the consumer without substantial damage. If the product was in good working condition before it reached the consumer but was damaged in shipping route, the seller may not be held liable.
What Damages Can I Sue For?
A personal injury claim due to product liability can include all of the following relevant damages:
- Medical expenses;
- Predicted future medical expenses;
- Lost wages;
- Lost earning capacity;
- Pain and suffering;
- Emotional distress;
- Permanent scarring and/or disfigurement;
- Loss of consortium (companionship) if the injury results in death;
- Funeral and burial expenses if the injury results in death; and
A Summerville Product Liability Lawyer Is Available to Help Today
The median personal injury product liability claim earns $1.5 million for the plaintiff, the largest (by far) personal injury claim according to the Insurance Information Institute. An experienced lawyer can help you recover substantial compensation for your injuries or for the injuries or death of your loved one. To discuss your case with an experienced Summerville product liability lawyer, call the law offices of Shelbourne Law today at 843-871-2210 for a free consultation.