Orangeburg, SC Product Liability Attorney
Many individuals use a variety of products as a regular aspect of their day-to-day activities. Although most of these products are safe to use, there are a few that might have flaws that can result in serious harm to an unsuspecting user.
Product liability lawsuits are considered one of the most intricate and challenging cases to establish liability. It requires extensive knowledge of legal procedures and a technical understanding of the product and its components. In Orangeburg, seeking the assistance of our skilled team can make a significant difference in your efforts to recover damages. Since products move through multiple channels of distribution, several parties, including manufacturers, wholesalers, and retailers, could be held liable for failing to identify and correct the defect in time. With our experience, we can help you recover the maximum possible compensation for your losses.
Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a free case review with our product liability lawyers.
Ways that Products Can Injure People in Orangeburg, SC
Product development typically goes through three primary stages before being made available for purchase by consumers: design, manufacturing, and marketing. However, despite the best efforts in the development process, defects or mistakes can occur at any stage of the process. When they do, they can cause terrible injuries. Fortunately, our product liability attorneys know how to litigate these commonly difficult cases. Ultimately, the responsibility for catching mistakes and defects falls on all parties involved in the development process.
Design defects refer to situations where a product is inherently dangerous simply because of its design. This means that even if the product is manufactured according to the design specifications, it can still pose significant risks to users. Design defects are often discovered after a product has already been released to the market, and it is not uncommon for several people to be injured or even killed before the defect is discovered and corrected.
For instance, a car model that has a tendency to roll over when making turns or a power tool that lacks necessary safety guards might be considered to have design defects. When such products cause harm to consumers, they can be held liable under product liability laws. In such cases, victims injured by these products might be able to file a product liability claim, arguing that a safer design could have been used.
Design defects can cause serious harm to consumers, and manufacturers have a responsibility to ensure that their products are safe for use. If a manufacturer is found to have knowingly released a dangerous product, they might be held liable for any injuries or damages caused by the product. However, even if the manufacturer was unaware of the design defect, they might still be held responsible if they failed to adequately test the product before releasing it to the market.
Manufacturing defects are a type of product defect that occurs during the production process itself. It happens when a product deviates from its intended design or specifications, leading to a product that is more dangerous than what consumers would reasonably expect. Such defects can arise because of various reasons, such as an error in the manufacturing process or the use of substandard materials.
For instance, imagine a scenario where a batch of tablets is contaminated by a foreign substance during the manufacturing process. If a consumer ingests the contaminated tablet, it could lead to severe health consequences, and the manufacturer would be held responsible for any injury or harm caused by the product.
Similarly, a car that leaves the factory with faulty brakes is an example of a manufacturing defect. If a driver is involved in a car crash because of faulty brakes, the manufacturer would be held liable even if they were not negligent in the production process. This is because the manufacturer is responsible for ensuring that the final product is safe for use.
Marketing defects, also known as “failure to warn” defects, are a type of product defect that can occur when a product lacks necessary instructions or warnings about its use. Such defects are considered a serious issue as they can lead to serious injuries or even fatalities.
A marketing defect could arise in various ways. It could involve failing to provide adequate instructions on how to use the product safely, not warning consumers about potential risks associated with the product, or not properly labeling a product. For instance, if a medication causes severe side effects that are not disclosed on the label or a ladder does not come with instructions detailing the safe use of the product, these could be considered marketing defects.
In such cases, anyone involved in the chain of distribution, from the manufacturer to the retailer, could potentially be held liable for any damages or injuries resulting from the defective product. This is why manufacturers must ensure that their products are safe and come with adequate instructions, warnings, and labels to prevent potential harm to consumers.
Parties that Can Be Held Responsible in an Orangeburg, SC Product Liability Lawsuit
The manufacturer is the first and most obvious party that might be held responsible in a product liability lawsuit. Whether it is a multinational corporation or a small local business, any entity involved in the creation of a product can potentially be held liable if that product proves to be defective or dangerous. This includes both the manufacturers of final products and the manufacturers of component parts.
While they might not have had a hand in designing or producing the product, retailers can also be held responsible in a product liability lawsuit. This is based on the principle that all parties involved in the chain of distribution of a product have a duty to consumers to ensure the product is safe. Retailers are often included in product liability cases because they are readily accessible entities for injured consumers and are part of the product’s distribution chain.
In between the manufacturer and the retailer, other entities are often involved in getting a product to market. These can include wholesalers, distributors, suppliers, and brokers. Like retailers, these middlemen can be held responsible in a product liability lawsuit because they are part of the chain of distribution. Their inclusion in the lawsuit helps ensure that responsibility is shared among all parties who stand to profit from the product.
In some cases, parties involved in the design or testing of a product can also be held liable. Designers could be held responsible if it is proven that a flaw in the product’s design contributed to its danger. Similarly, if a product was tested for safety before being brought to market, the laboratory or entity that conducted the tests could potentially be held responsible if they failed to identify issues that should have been caught.
Our Orangeburg, SC Product Liability Attorneys Can Help
For a free case evaluation with our product liability attorneys, contact Burriss Ridgeway Injury Lawyers by calling (803) 451-4000 today.