{"id":208,"date":"2022-06-08T14:09:29","date_gmt":"2022-06-08T14:09:29","guid":{"rendered":"https:\/\/davislawfirms.com\/?page_id=208"},"modified":"2023-01-09T16:06:04","modified_gmt":"2023-01-09T16:06:04","slug":"product-liability-attorney","status":"publish","type":"page","link":"https:\/\/davislawfirms.com\/stage\/product-liability-attorney\/","title":{"rendered":"Product Liability"},"content":{"rendered":"

When a consumer or business owner purchases a product, they assume the manufacturer and retailer have ensured that it is safe to use. However, products that haven\u2019t been designed or manufactured correctly are inherently dangerous and can lead to accidents and serious harm. If you have been injured because of a defective or unreasonably dangerous product, you have a right to hold the manufacturer and\/or other liable parties accountable for your medical bills, lost income, and other losses related to your injuries.<\/p>\n

At the Law Offices of S. Chris Davis, our Columbia product liability lawyer is dedicated to providing personalized service to our clients throughout South Carolina. Attorney Chris Davis takes great pride in representing people who\u2019ve been injured through no fault of their own and has helped them seek the compensation they needed to put their lives back together. He is ready to do the same for you. Let our firm stand up to the negligent manufacturer or another third party in the supply chain that hurt you and pursue the justice and accountability you deserve.<\/p>\n

Contact<\/a> an attorney at the Law Offices of S. Chris Davis today for a free initial case review. Once you tell us about the details of your experience, we\u2019ll be able to provide you with personalized guidance about your rights and options under the law.<\/p>\n

What Is Product Liability?<\/h2>\n

Product liability is an area of the law that allows consumers to take legal action if they are injured by dangerous or defective products. An injured person can file a product liability lawsuit against the product\u2019s manufacturer and other parties involved in making the product available to the public. Entities in the chain of supply that could potentially be held liable could include retailers, suppliers, and other parties involved in distributing the product.<\/p>\n

Common Types of Product Liability Claims<\/h2>\n

Products that are often at the center of product liability lawsuits in South Carolina include:<\/p>\n

\n
    \n
  • Prescription drugs<\/strong>, some of which are already the subject of lawsuits, such as Truvada, Fosamax, Valsartan, Invokana, and Yasmin<\/li>\n
  • Medical devices<\/strong>, such as ventilators\/CPAPs, breast implants, and artificial joints<\/li>\n
  • Auto parts<\/strong>, including tires, brakes, airbags, and transmissions<\/li>\n
  • Defective vehicles<\/strong>, including boats, jet skis, ATVs, and aircraft<\/li>\n<\/ul>\n
      \n
    • Toys<\/strong><\/li>\n
    • Baby\/toddler products<\/strong>, such as cribs and strollers<\/li>\n
    • Tools<\/strong>, including saws, punch presses, and nail guns<\/li>\n
    • Kitchen or cooking tools and appliances<\/strong><\/li>\n
    • Food products<\/strong>, including contaminated products or products containing unlisted ingredients<\/li>\n<\/ul>\n<\/div>\n

      South Carolina Product Liability Law<\/h2>\n

      Under South Carolina\u2019s product liability law, a suit may be filed against any \u201cseller\u201d of a defective product. A \u201cseller\u201d is defined as any party that is regularly engaged in the business of selling or leasing a product for resale, sale, or consumption. The scope of this definition applies to:<\/p>\n

        \n
      • Manufacturers<\/strong><\/li>\n
      • Wholesalers<\/strong><\/li>\n
      • Distributors<\/strong><\/li>\n
      • Retailers<\/strong><\/li>\n<\/ul>\n

        A casual reseller of a product, such as someone selling their used goods at a garage sale or through an online bulletin board, does not qualify as a \u201cseller\u201d subject to South Carolina\u2019s product liability law.<\/p>\n

        The law recognizes three primary types of product defects. Not all product liability cases conform to these broad categorizations, but a significant fraction of cases do. The primary kinds of product defects that lead to harm are:<\/p>\n

          \n
        • Design defects<\/strong> \u2013 Using the product as intended will likely result in injury due to something inherent in the product\u2019s design. A design defect will affect every identical product. An example of a design defect is a toy with a sharp edge where the toy is supposed to be held.<\/li>\n
        • Manufacturing defects<\/strong> \u2013 An error occurs during the fabrication or assembly process that prevents the product from being used safely. Unlike a design defect, a manufacturing defect may affect only one copy of a product or it may impact multiple copies. An example of a manufacturing defect is a tire containing a rubber compound that does not meet design specifications, resulting in a weaker tire structure.<\/li>\n
        • Marketing defects\/failure to warn or instruct<\/strong> \u2013 A product does not come with the necessary instructions or warning to ensure the product is used safely and as intended. An example of a marketing defect is a pharmaceutical drug that should not be taken with alcohol but lacks this warning.<\/li>\n<\/ul>\n

          South Carolina\u2019s product liability law allows product injury victims to pursue compensation under two theories, depending on the circumstances of the case in question:<\/p>\n

            \n
          • Negligence<\/strong>: For a product liability lawsuit based on negligence, you will need to prove that the manufacturer or seller of a product breached a duty of care and that this breach caused your injuries. An example of negligence might involve a manufacturer failing to conduct a reasonable number of safety tests for a product or foregoing safety testing altogether.<\/li>\n
          • Strict liability<\/strong>: For a strict liability case, you can sue a manufacturer or seller for your injuries, even if the defendant named in your lawsuit was not careless or reckless. Instead, a strict liability case only requires you to show that the product was sold in an unreasonably dangerous or defective condition, the product was in that condition when it was in the liable party\u2019s possession, and that condition caused your injuries. You may also be required to show that you were using the defective or unreasonably dangerous product as intended when you were injured.<\/li>\n<\/ul>\n

            What to Do If You\u2019ve Been Harmed by a Dangerous or Defective Product<\/h2>\n

            If you have been hurt by a dangerous or defective product, you can take the following steps to protect your right to file a product liability lawsuit to pursue compensation:<\/p>\n

              \n
            • Keeping the defective product<\/strong> if it is safe to do so<\/li>\n
            • Seeking medical attention as soon as possible<\/strong> to have a doctor document the injuries you suffered from the defective product accident<\/li>\n
            • Taking pictures and video<\/strong> of the scene of your injuries<\/li>\n
            • Preserving copies of bills, invoices, and receipts for expenses<\/strong> you incur due to your harm, such as medical expenses or property repair costs<\/li>\n
            • Keeping your pay stubs or income tax returns on hand<\/strong> to determine the amount of income you\u2019ve lost if you\u2019ve missed work due to your injuries<\/li>\n
            • Keeping a journal to document the pain and daily difficulties you experience<\/strong> because of your injuries<\/li>\n
            • Avoiding social media<\/strong> and, in particular, not commenting on the accident or posting photos or videos of yourself, as insurance companies often monitor injured victims\u2019 social media accounts for posts that might discount a victim\u2019s claims<\/li>\n<\/ul>\n

              Finally, speak with a Columbus product liability attorney<\/strong> at the Law Offices of S. Chris Davis to discuss what our firm can do to help you seek financial compensation from any liable parties.<\/p>\n","protected":false},"excerpt":{"rendered":"

              When a consumer or business owner purchases a product, they assume the manufacturer and retailer have ensured that it is safe to use. However, products that haven\u2019t been designed or manufactured correctly are inherently dangerous and can lead to accidents and serious harm. If you have been injured because of a defective or unreasonably dangerous […]<\/p>\n","protected":false},"author":9,"featured_media":5674,"parent":0,"menu_order":31,"comment_status":"closed","ping_status":"closed","template":"practice-area.php","meta":{"footnotes":""},"class_list":["post-208","page","type-page","status-publish","has-post-thumbnail","hentry"],"acf":[],"yoast_head":"\nColumbia Product Liability Attorney - Law Offices of S. Chris Davis<\/title>\n<meta name=\"description\" content=\"Let our product liability attorneys help you recover the money you deserve for your injuries in Columbia. 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