Product liability laws in South Carolina hold manufacturers, wholesalers, distributors and retailers legally responsible for producing and selling unsafe products for consumer use. Our Greenville injury firm builds cases for victims of defective products and takes on the big companies responsible for causing pain and suffering. If you suffered an injury from an unsafe product, our Greenville product liability attorney Angela Frazier can help.
What Can Your Greenville Product Liability Attorney Do To Help Your Case?
A product liability lawyer assists clients in seeking compensation for injuries and damages. We can build the case while you focus on recovering from your injuries and adapting to your new life. Tasks they perform in your best interests include:
- Investigation: Determining the cause of your injury and identifying all responsible parties to prove negligence
- Evidence: Collecting and analyzing documents, product samples and expert testimony to prove the product’s defect
- Research precedents: Reviewing previous cases and decisions used to strengthen your case
- Negotiate settlements: Engaging with the opposing party on your behalf to use the evidence gathered to fight for the most available compensation
- Representation in court: Advocating for you in court when the liable party does not present a fair settlement, protecting your rights and interests
After meticulously building the case, Angela Frazier will seek the best possible outcome for you and your family. Her expertise is pivotal in navigating the complexities of product liability law and achieving justice for those harmed by defective products.
Types of Product Liability Claims We Handle
Product liability attorneys typically see three primary types of product liability claims.
First, manufacturing defects occur when there is an error or oversight during the production phase, causing the product to deviate from its intended design or specification. This type is not a result of a flaw in the product’s design but a mishap in its creation. For example, a mistake in the assembly line can cause a dangerous defect that may lead to unexpected failures.
Manufacturers must maintain strict quality controls to ensure all products adhere to design standards.
Second, design defects relate to a product’s inherent structure or blueprint that makes it dangerous. This means there is a fundamental flaw in the product’s conception. For example, a type of ladder that is manufactured perfectly to its design but is unstable. Addressing such issues requires companies to revisit and revise the product’s core design, issuing recalls for products already distributed to consumers.
Third, products with unavoidable risks must come with a warning. When manufacturers or sellers fail to warn consumers of these risks, do not give proper instructions or falsely advertise, they may be liable for any harm the product may cause. These claims emphasize the role of communication in ensuring product safety.
How Are Product Liability Cases More Challenging Than Most Personal Injury Claims?
Product liability cases are often more complex than most personal injury claims because they require demonstrating a product’s effectiveness and linking that defect directly to the injury.
These cases frequently demand technical expertise to scrutinize the intricacies of a product’s design or manufacturing process.
Additionally, defendants in product liability cases are often large corporations. They have access to vast resources and legal teams, making the litigation process more adversarial and prolonged than what is typical for most claims. Lastly, establishing liability often means navigating complex supply chains to identify the responsible party. Sometimes, the at-fault entity could be the manufacturer, distributor, retailer or a combination of them all.
Our attorney knows where to begin building your case and the evidence you need to prove liability. You can hold the major companies accountable with the help of our team.
Proving negligence in a product liability case
To prove negligence in a product liability case, you must demonstrate that:
- The manufacturer or seller owed a duty of care to the consumer.
- They breached that duty by failing to ensure the product’s safety.
- The breach directly caused harm or injury to the consumer.
- You, as the consumer, suffered actual damages as a result of their actions.
Providing evidence for each of these elements is a complex process. A legal professional on your side knows how to find the proof you need so you can rest easy.
What Damages Can a Product Liability Lawyer Help You Recover?
The compensatory damages in a product liability case can vary significantly based on the circumstances of your case. These include the economic and non-economic losses you experienced as a direct result of the defendant’s actions. In cases involving gross negligence, you may access punitive damages as well. We know where to look for recoverable losses.
Compensatory damages cover the actual harm sustained from the accident. They include economic and non-economic damages due to the defective product’s financial, physical and emotional repercussions. Examples include:
- Medical expenses: Costs related to medical treatment, surgeries, medications, physical therapy and any future medical care needed because of the injury
- Lost wages: Compensation for earnings lost due to the inability to work during recovery, prolonged absence from work or loss of earning capacity
- Repair or replacement costs: Expenses to repair or replace damaged property, such as a faulty appliance that caused a house fire
- Psychological injury: The physical and emotional pain and suffering endured as a result of the injury and medical treatment and the mental distress the accident caused
Our skilled product liability attorney can help you identify the damages available in your case to ensure adequate compensation.
Punitive damages are monetary awards beyond actual losses intended to punish the defendant for egregious conduct and deter similar future behavior. Their allowance and amounts can vary based on jurisdictional rules and specific case criteria. Your attorney will explain if your case qualifies or not.
How a Greenville Product Liability Attorney Can Help You Recover Compensation
If you suffered an injury caused by a defective product, our experienced Greenville product liability attorney Angela Frazier can help you understand the legal process and applicable laws.
At Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC, in Greenville, South Carolina, we help victims by taking on negligent manufacturers and distributors, holding them accountable for the financial, physical and emotional pain they cause. Contact us today to schedule your free product liability case evaluation.