Holding Manufacturers Accountable: Understanding Product Liability Claims
Everyone relies on products to fulfill their daily needs and enhance their lives. The consequences can be devastating when those products are defective and cause harm. Whether from cutting corners or unintentional mislabeling, when a manufacturer fails to live up to their responsibilities, and you are injured from their negligence, it is a terrible experience. Let’s look at what constitutes this kind of negligence and how a manufacturer could be considered liable for a defective product.
What is Product Liability?
Product liability, derived from Tort Law, can hold any and all parties involved in the manufacturing process responsible for damages caused by defective products. This definition can include component parts manufacturers, assembling manufacturers, wholesalers, and retail store owners.
Liability as a whole can be established through negligence, strict liability, or breach of warranty of fitness. When it comes to product liability, however, most, if not all, are considered under “strict liability offenses.” This is when a manufacturer is still liable for any harm their product causes, even when they exercised great care, and no negligence is displayed. This leaves the plaintiff with having to demonstrate several things, namely, that they used the product correctly and as intended and that the defective product caused them some type of compensable harm.
Types of Claims:
1. Design Defects: These flaws exist before the product is manufactured and can make it unreasonably dangerous to use. An example of this defect is a vehicle’s design making it more likely to roll over.
2. Manufacturing Defects: These flaws occur during production, leading to flaws in a few products out of the many produced. One example of this error would be if airbags were improperly installed in a vehicle at the manufacturing plant.
3. Marketing Defects: This involves improper instructions or failure to warn consumers of latent dangers in the product. Manufacturers must disclose the inherent side effects or risks of using a particular product, similar to the list of side effects you might hear during a commercial for over-the-counter medicine.
Injured by a Defective Product?
If a defective product has injured you, prompt action is crucial for gathering what you need for your case. It also ensures that you stay within the statute of limitations and don’t prevent yourself from pursuing a case later on. In South Carolina, the statute of limitations is 3 years, so it’s imperative you take these steps as soon as possible:
- First, seek immediate medical attention for any injuries you receive and document them thoroughly.
- Next, preserve the product as evidence and gather relevant documentation, such as proof of purchase, receipts, or warranty information.
- Finally, contact an experienced personal injury attorney who can assess your case, review the information you have gathered, and guide you through the legal process.
At Morris Law, we have experience helping those who have been injured by others’ negligent actions and understand the physical, emotional, and financial toll that these kinds of injuries can have on individuals and their families. If a defective product has harmed you, don’t hesitate to contact us for a free consultation. Let our team of dedicated and skilled attorneys hold manufacturers accountable and get you the justice and compensation you deserve.
