Product liability lawsuits allow victims of dangerously designed or defective products to recover damages for their injuries. From traumatic amputations to third-degree burns, dangerously defective products have caused a wide range of consumer injuries throughout the years. Victims of defective and dangerous products have a right to recover economic and non-economic damages through product liability lawsuits in South Carolina.
If you have been seriously injured due to a defective product, the South Carolina personal injury lawyers at Willcox, Buyck & Williams, PA are here to help. We will carefully review your case and help you advise you of whether you have a legal claim against the manufacturer, distributor, or retailer of the product that caused your injuries. When applicable, we can help you join a class-action lawsuit. Contact us today to schedule your initial consultation.
Why Do You Need a Product Liability Lawyer?
Product liability lawsuits are among the most complex types of lawsuits in South Carolina. Victims of product liability injuries are often up against corporations with large legal divisions prepared to defend them against lawsuits. The discovery process and product liability lawsuits are intense, and they require a lawyer with extensive investigatory skills. Product liability victims need legal representation from an experienced attorney to succeed in obtaining the compensation they deserve.
At Willcox, Buyck & Williams, PA, our law firm has the resources and experience necessary to obtain compensation in complicated product liability lawsuits. Our clients do not pay for anything related to their product liability lawsuit until we secure compensation for them through a settlement agreement or in court. If you seek compensation through an insurance policy, we will ensure that the insurance company doesn’t take advantage of you and provides you with a fair settlement offer.
Types of Product Liability Cases We Represent
The area of product liability law covers a wide range of legal claims. Product liability cases typically fall into one of three categories: defective design, defective manufacturing, or failure to provide adequate warnings or instructions regarding the proper use of the product. Some of the most common types of product liability claims include the following:
- Fire-resistant clothing that doesn’t work property
- Improper clothing construction or hidden foreign objects in clothing
- Footwear with dangerously poor traction
- Injuries sustained by asbestos exposure
- Batteries that overheat or explode, including laptop batteries
- Dangerous chemicals in cosmetics
- Malfunctioning elevators or escalators
- Inexpensive firearms that are known to be unsafe
- Unsafe agricultural or food products that cause food poisoning
- Defective machinery and tools
- Defective medical devices
- Defective car parts
- Dangerous prescription medication
- Recreational products without adequate warnings
- Dangerous toys
- Nicotine poisoning
Strict Liability Cases
According to federal law, product manufacturers are strictly liable when their defective products cause consumers injuries. The victim does not need to prove that the manufacturer was negligent or reckless to obtain compensation. Instead, the victim only needs to show that the product was defective and that the defect caused their injuries. Defects can occur from unsafe packaging, a design error, or product marketing
Proving Negligence in a Product Liability Lawsuit
When strict liability rules don’t apply to the case, the victim will need to prove that the defendant acted negligently or recklessly. Negligence occurs when the defendant reaches his or her duty of care. For example, companies have a duty to conduct proper safety tests of their products before they become available to consumers. When a company fails to conduct a safety test, they breach its duty to act reasonably under the circumstances
Steps to Take After Being Injured By a Dangerous Product
When a victim can prove that the company’s negligence caused the defective product to injure them, they are entitled to compensation. Proving negligence is often the most challenging aspect of a claim. There are a few steps you can take to prove negligence and win your case, including
- Keep the defective product, your receipt, and all packaging
- Take photos of the malfunctioning product, your injuries, and the accident scene
- Document your experience with the defective products
- Keep all of your medical records and property repair bills organized
- Contact a product liability lawyer about your case
- Submit an insurance claim with the product manufacturer after speaking to an attorney
Successful product liability plaintiff can recover economic and non-economic damages. Economic damages include any expenses the victim has incurred due to his or her injuries, such as property damage and lost income. Plaintiffs who suffered catastrophic injuries and require ongoing medical can recover compensation for their future medical expenses. Many of our clients have had to take significant time off of work to recover from their injuries. A successful plaintiff can obtain compensation for the income they’ve already lost and the income they anticipate losing in the future if they can no longer return to work.
Additionally, plaintiffs can recover compensation for the pain and suffering they’ve endured due to their injuries. When the defendant acted egregiously, courts may choose to award the plaintiff with additional punitive damages to punish the defendant and serve as a warning to others. While every defective product award is different, our firm will advocate for the most compensation possible in your case. We have a history of securing large settlements on behalf of our clients.
Contact a South Carolina Product Liability Lawyer Today
If you’ve suffered an injury due to defective consumer products, our South Carolina product liability lawyers are here to help. At Willcox, Buyck & Williams, PA, we have a proven track record of helping clients in the Florence and Myrtle Beach areas recover compensation for product liability injuries. The sooner you consult with an experienced product liability lawyer, the sooner our team can begin gathering evidence in your case. Contact us today to schedule your initial consultation.