We use a wide variety of consumer products every day. Defective products unfortunately appear in all aspects of life – vehicles, home appliances, construction materials, children's toys, safety equipment and elsewhere.
If you were injured, you may have a product liability claim. Sometimes, these products injure such a large group of people that they become class action lawsuits.
Defective products cause severe injuries and death, and you deserve compensation for the harm you've suffered. For a complimentary consultation with the experienced South Carolina defective product lawyers at Whetstone Perkins & Fulda, please call 803-799-9400.
- What are Defective Products?
- Types of Product Liability Claims
- Who is At Fault?
- What To Do if You Were Injured by a Defective Product
- Potential Compensation
- Find Out if You can Pursue Compensation
What are Defective Products?
A defective product is any product that has made it to market with some defect in design, manufacturing or marketing that makes it dangerous to use. This area of law is known as "product liability." There is a vast array of defective products that have been the subject of past lawsuits, including:
- Dangerous opioid prescription painkillers
- Metal grill brushes
- Defective tires
- Defective seatbelts
- Defective pharmaceuticals
- Defective tools
- Defective appliances
- Defective toys
- Defective vehicles
Our experienced attorneys have handled many types of product cases, including those involving grill brushes. In those cases, people have suffered horrific internal injuries after ingesting food containing one or more metal wires from a grill brush. The bristles can come loose from the brush, and then puncture or otherwise injure the esophagus, stomach, digestive tract or other internal organs.
Types of Product Liability Claims
There are three basic ways a product may become the subject of a lawsuit:
- Design defect. These products have a defect from their inception. Even if the product is manufactured correctly, the product will be unsafe in the hands of consumers because of the defect designed into the product
- Manufacturing defect. These products were designed appropriately, but then carelessness during the manufacturing process results in a defect. Sometimes entire units or lots of a product are affected
- Failure to warn. Certain products – chainsaws, lawn mowers, scissors – are inherently less safe to use than other products, but with proper warnings and instructions the user can avoid injury. When warnings are insufficient or instructions are lacking, then a defective product lawsuit can arise because the product could not have been used safely with the information provided to the user
Where your case falls within these categories may not be immediately apparent to you. Our attorneys will determine how to build your case so that you can focus on healing. The attorneys at Whetstone Perkins & Fulda are extensively experienced with these types of cases.
Who is At Fault?
There are many people and companies involved in the process of getting a product onto the market. One of the parties is responsible for the defect. Our experienced attorneys know how to investigate these cases to determine who is liable for the injuries caused.
The most commonly at-fault parties in these cases fall somewhere along the chain of distribution, which includes design, manufacture and marketing. Liability may lie with:
- Creator/designer of the product
- Manufacturer of the product
- Manufacturer of components/parts of the product
- Company responsible for assembling the product and its components
- Wholesaler or distributor
- Retailer that sells the product to the consumer
Our attorneys will work tirelessly to demonstrate that the product was defective and that the defect caused it to be unreasonably dangerous. It's not enough for a person to have been injured while using a product. Many items, like chainsaws for instance, are inherently dangerous and may cause an injury with normal use. There must have been a flaw in these cases, and the defect must have directly caused the injury.
What To Do if You Were Injured by a Defective Product
To pursue compensation in a claim, you must be able to show that the product did in fact have a defect or insufficient warnings/instructions, and you must be able to show that your injury was a direct result of the defect. It's not enough to have been injured while using a certain consumer product or driving a car with faulty tires; you must be able to show the connection between the defect and the accident that injured you.
Our attorneys have the experience, knowledge and skills to demonstrate how the product caused your injury. We also know how to tell the story of how your injury has impacted your life and livelihood. This is a story that arbitrators, mediators, judges and juries need to hear. You deserve to be compensated for each and every way the injury has affected you.
Our attorneys are thorough in their investigation of the product that injured you. We want to know the ways in which you have been impacted so that we can fight competently for compensation on your behalf. In a successful product liability claim, compensation may be awarded for:
- Present and future medical expenses: Serious injury leaves you with hospital bills, including emergency room charges and treatment that was provided thereafter. You may need care for your injury into the future, which is a major long-term expense. Costs of physical rehabilitation would also fall into this category of damages.
- Lost wages: The injury you suffered from the defective product may have left you unable to work. If you can't perform your job duties, how will you support yourself? How will you pay for the treatment you need? You deserve compensation for the loss of income caused by your injury.
- Pain and suffering: Your injuries will cause physical pain, as well as emotional and mental pain. While these consequences may not cost you in terms of dollars and cents, they are a heavy burden to shoulder. You should not have to live with pain and suffering without the justice you deserve.
- Other expenses, out-of-pocket reimbursements, losses, etc.: Each case is unique. There are many types of damages. Our experienced attorneys will evaluate how your injury has affected your life and fight passionately for the compensation you deserve.
- Wrongful death compensation: If the product liability injury resulted in a loved one's death, then you may be eligible to pursue wrongful death compensation for loss of your loved one's financial contributions, burial/cremation expenses, medical bills related to the injury and for other things.
This list is not exhaustive. Consult our attorneys about your situation. We provide a complimentary case review at our South Carolina law firm offices. Our attorneys may be able to travel to you at your home, hospital or another location, if your injury prevents you from getting to our offices.
Find Out if You can Pursue Compensation
If you or a loved one has been injured by a defective product and you think you may have a product liability claim, please call Whetstone Perkins & Fulda for a complimentary case review at 803-799-9400 or contact us online today. We have been fighting on behalf of injured victims in South Carolina for many years. We have offices in Marion, Myrtle Beach, Columbia and Kingstree. We have recovered multi-million dollar monetary awards in certain cases and we are personally driven by obtaining the best possible result for you.