Being hurt by a defective product can leave you with high medical bills and time out of work. When you suspect the manufacturer or another party knew about the problem, they could be held liable for their negligence. To be sure about whether you have a valid case, you should consult with a Moncks Corner product liability lawyer.
Shelly Leeke Law Firm offers skilled attorneys who will discuss your situation during a free case review and then advise you on your legal options. You do not have to face the burden of insurance claims and potential lawsuits on your own. Contact us today to arrange a meeting with an experienced Moncks Corner personal injury lawyer.
What Product Liability Means
Product liability is when someone is hurt because a negligent party failed to design, manufacture, advertise, or label a product safely. Those who create items for sale and use to the public owe their customers a duty of care to ensure their merchandise is not harmful. They must also correct any identified problems and warn us appropriately.
Any kind of product can malfunction and cause harm. When that happens, a qualified product liability lawyer in Moncks Corner, SC, can investigate your case and determine who is at fault. They will then help you manage your claim as you seek a positive outcome.
Types of Product Liability Cases Shelly Leeke Handles
Product makers are governed by federal and South Carolina laws regulating the production, sale, and warranty for all their items. This means you, as a plaintiff, usually have a stronger case when something goes wrong. Every case is unique, but your Moncks Corner product liability attorney will interpret the law to your advantage whenever possible. At Shelly Leeke Law Firm, we have handled cases such as:
Breach of Warranty
Not every product will have a written warranty included, but simply producing and selling an item means that people expect it to be safe. The larger a manufacturer or vendor is, the more burden they may bear because it is expected they will have processes in place to ensure their merchandise does not cause harm. When their product causes you harm, you can ask a product liability attorney in Moncks Corner, SC, to step in to help you seek justice.
Sometimes, the problem starts before the item is even produced. A substandard design or formulation, such as with medications or food items, can lead to illness or other medical conditions when a person uses the product. Packaging choices and components are part of this design process. For example, if a medicine is harmful to children but not sold in tamperproof containers, the family of a toddler who accidentally swallows the pills could have a valid claim against the manufacturer.
The process of making and assembling a product may be improper, leading to unavoidable issues that will cause it to malfunction or break. For example, the National Highway Traffic Safety Administration (NHTSA) issued a recall for over 100,000 Chevy Volt automobiles because their batteries would overheat and catch fire. Several homes and vehicles were lost, leading to a class action lawsuit on behalf of those owners.
Distributing a well-made and -designed product can still lead to product liability concerns when the label, instructions, or advertisements are unclear or promise something the item does not deliver. While the danger is sometimes considered common sense, such as cautioning consumers not to use a hairdryer near water, a written warning must be present. If any marketing materials are unclear, incomplete, or missing, you could have grounds for a claim.
Common Injuries in a Product Liability Claim
There are many injuries you could suffer, depending on the product that caused you harm. Some common injuries our attorneys see in product liability cases include:
- Improperly cleaned vegetables cause food-borne illnesses like botulism.
- A phone charger starts a fire in your home, and you suffer lung damage from smoke inhalation.
- A beauty product with insufficient labeling causes skin allergies or chemical burns.
- A toy is made with brittle plastic that can shatter, causing cuts or injury if your young child swallows pieces.
- The carbon monoxide detector you purchased fails to trigger an alarm at dangerous levels of the substance in your home, causing harm to your family members.
You can also suffer head injuries, organ damage, and other serious conditions from faulty products such as vehicles, building materials, or office machinery. Regardless of how you were hurt, if negligence is the reason, you need a reputable and tenacious product liability attorney fighting for your rights. Shelly Leeke is ready to work tirelessly for you.
Parties Who May Be Liable for Your Injury
For product liability cases, there is rarely just one person at fault. Your attorney can often identify a number of parties who could be included in your attempts to secure compensation for your losses. For example, your lawyer will investigate the following:
- Product designers
- Product manufacturers
- Online vendors
- Retail stores
- Product installers
Damages You May Claim for Product Liability
Each case is going to be unique and have a different value. Once we speak with you in your free consultation, we can provide an estimate of what your case is worth. We help you calculate the damages you can claim, including economic (fixed price) losses and non-economic (subjective) ones.
Common damages our clients seek include:
- Doctor bills
- ER, ICU, and surgery costs
- Lost wages and future earning potential
- Damage to personal property
- Nursing, therapy, and rehabilitative costs
- Emotional distress
- Mental anguish
- Loss of reputation
We will conduct a full investigation of your accident and identify every liable party. We then negotiate fiercely with the insurance companies to secure the most satisfactory settlement. If they do not meet our demands, we may advise you to proceed to a personal injury lawsuit to obtain the maximum compensation available for you. We handle all the paperwork and conversations on your behalf so you can spend your time and energy getting better.
Connect with a Moncks Corner Product Liability Lawyer Today
You deserve answers when someone else is at fault, and you need experienced legal representation to have the best chance of securing the compensation you deserve. At Shelly Leeke Law Firm, we offer over ten years of service and a strong record of success. We are confident we can help you with your claim.
Contact our offices to schedule your free consultation with a Moncks Corner product liability lawyer and get started today.