Product Liability Claims
Product liability claims are perhaps one of the most complex areas of the law there is. A person purchases a multitude of different products in their lifetime and no one ever thinks he will be injured by the items they buy. The reality is, not every product that makes it into your home is safe, and sometimes the companies that produce and distribute these products need to be held accountable. The design might be flawed, or the manufacturer might have cut corners on materials or assembly. This can be particularly damaging when the product is designed to protect you, like a motorcycle helmet during a motorcycle or moped accident, provide medical assistance, like a CPAP machine or injection port device, are prescribed by your physicians like Xeljanz, an over the counter medication like acetaminophen, or something that controls your vehicle that you buy with the knowledge that it’s “safe” – like an Ignition Switch. Companies that produce and package food are responsible for injury caused by poor formation or handling – like salmonella outbreaks in lettuce, Mesothelioma from Asbestos exposure, uterine cancer from chemical hair straighteners and relaxers, Necrotizing Enterocolitis from infant formula, or cases of Pseudomonas aeruginosa from EzriCare eye drops. If you or a loved one has been injured by improperly designed or manufactured products you may have a cause of action against the manufacturer and/or retailer responsible for placing the product in the marketplace. This applies to faulty building materials that may cause a deck to collapse, or an elevator to fail and injure someone. The product may also be a service, such is the case with lawsuits against Uber or Lyft for driver assault. Ultimately – the parent company is responsible for the harm their employees cause.
Sadly, faulty products often result in permanent and disabling injuries. These injuries cause not only pain and suffering of the injured, but mounting medical expenses and lost wages. They impact families with immeasurable emotional distress. While no amount of money can repair the damage of injuries, the economic pressures created by the injuries can be relieved through a product liability claim.
Many faulty products can damage your home and belongings, resulting in thousands of dollars in remediation – like fire retardant fiberglass in mattresses. Designed to protect you, but also hazardous to your health. You may have been injured due to materials or instruments used during surgery, like the Bair Hugger Warming Blanket.
We aggressively defend our clients against the often huge legal staff of manufacturers and their insurance companies. We’ll go to court, bring in the medical and engineering experts required to prove the defect, and win your case. There are provisions in the law that dictate that specific timelines to take action must be met. These are known as your statute of limitations for your product liability case.
Give us a call today to discuss your case. We can help you determine liability and responsibility – we can also advise you on what proof, paperwork, photos, etc. that may need to collect as your case progresses.
or Call 843-281-7205
Product Liability Case FAQs in Myrtle Beach, SC
What is my Product Liability case worth?
Any lawyer who attempts to tell you what your claim is worth at the beginning of the case is simply telling you lies. There is absolutely no way to accurately place a case value on a product liability claim early on in the case. What has to happen is a thorough investigation to see what the liability theory of the case will be. Experts need to be retained early and often to prove the facts necessary to make sure your claim will survive. These experts cost several thousand dollars and a product liability case can get very expensive for the plaintiff very quickly. If you have damages that are severe enough to warrant retaining and spending the money on these experts, your case will likely be quite valuable if you can prove a defect in the product. You simply have to have severe enough damages to justify the litigation costs and attorney fees while at the same time receiving compensation for your injuries. When we refer to severe injuries, we are talking death, paraplegic, quadriplegia, or severe head trauma TBI cases. I know this is a roundabout way of saying the case is worth a lot of money, but it is also a lot of risk to all parties involved. If you are injured by a product, call us and let us help you get started on the process of evaluating whether or not you should file a lawsuit.
The manufacturer told me they weren’t liable for my accident, the company that hired them is – how can we sort this out?
If you have a viable product liability case, it is common that more than one entity has exposure to your damages and subsequent lawsuit. Finger-pointing happens between entities as each defense attorney jockeys for leverage or position in order to minimize the exposure to the companies he or she represents. After an investigation, we may bring suit against the manufacturer, supplier, and even the end consumer retailer depending on the facts of your case. It is important to let a lawyer review your case and not to give a statement to any entity if you try and handle these cases on your own.
How do I figure out if my injury was caused by a product failure?
If you are hurt you want to know what caused the injury. Many times a client calls us and simply has no idea what happened. After our investigative team works the file, we may reveal a product liability entity that could provide a source of recovery due to a defective design claim or other cause of action. Our office sees this a lot in car accident cases. An injured client is hurt in a car wreck, the minimum policy barely pays for the emergency room visit and the client has no money left for their future medical bills. Our team investigates and realizes there is a source of recovery against the automotive manufacturer for a defect in the vehicle such as roof crush, seatback failure, tire detread, or airbag failure. Do not give up your fight and call us today to discuss your case facts.
How long do I have to file a claim after my injury?
In South Carolina, we have a three-year statute of limitations on negligence cases. Time is of the essence so do not delay as any delay can close the courtroom doors to you forever in regards to any claims you may have.
What Our Clients Have To Say
“Everyone at the office is super friendly. I was hurt in a car accident and they took care of my needs. Highly recommend”
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