When you buy a product, you trust you are getting what you are paying for and that the product will do what it is designed to do. If a product does not work, you take it back for a refund. But what if a defective product actually hurts you? Then, “taking it back” does not pay your medical bills or hold those responsible for your injuries accountable.
The best step you can take is to call a Mt. Pleasant personal injury lawyer from Shelly Leeke Law Firm. For over a decade, accident victims in Mt. Pleasant have counted on our firm to fight for justice and a fair settlement. If you have been hurt by a defective product, a Mt. Pleasant product liability lawyer from our firm is ready to help.
Determining Liability in a Mt. Pleasant Product Liability Case
When a defective or malfunctioning product causes damage and victims wish to pursue compensation for their injuries, the first step is determining who is responsible for the defective product. The party at fault may be the product:
- Wholesale or retail seller
It could even be the party that supplied the materials used to create the product if the investigation shows that the supplier provided inferior materials or somehow misrepresented those materials to the product manufacturer.
When you file a product liability claim against a negligent party, they will fight back, and they will have knowledgeable lawyers arguing their side. A Mt. Pleasant product liability attorney from Shelly Leeke will come to that fight on your behalf, armed with extensive legal knowledge and experience. Connect with us, and we will investigate your case with care, identifying the negligent party.
Damage a Defective Product Can Do
No product is immune to defects. While the types of injuries sustained depend, to some extent, on how, when, or where the product is used, there is no limit on the damage malfunctioning products can cause.
The smallest victims of product liability are children–even toddlers. Toddlers are vulnerable to choking hazards. When their toys are made with inferior materials and small pieces come loose, these pieces can obstruct a child’s airway.
Poorly designed or constructed plastic toys can break, producing sharp edges and cause lacerations. If larger play structures, such as swing sets or trampolines, are not put together with the right screws, bolts, fasteners, or other essential components, they can collapse. Children can suffer broken bones, blows to the head, falls, or even get caught between the collapsing parts of the structure.
Hoverboards, e-bikes, laptops, and even e-cigarettes often get their power from lithium batteries. However, these batteries are a safety risk. When they overheat, these batteries can explode into flames. Victims sustain serious burns sometimes at the scene or when the flames travel throughout a home.
Vehicles and Vehicle Parts
Even vehicles traveling at slow speeds cause damage to those outside and inside of it when involved in a collision. At higher speeds, results are worse. Car accidents of any sort, including those caused by defective vehicles, can cause broken bones, lacerations and amputations, traumatic brain injuries, spinal cord damage, soft tissue damage, internal bleeding, and burns.
Vehicle defects or part malfunctions typically do not appear until an accident happens, then the recalls start. For those “first” drivers experiencing the malfunction, there is no time and no ability to correct. Failing brakes, steering systems, or airbags are out of the driver’s control.
Household Chemical Products
Cleaning solutions kept in the home often contain powerful chemicals that must be handled with care. And consumers are expected to respect the products. Still, manufacturers must design packaging and warning information with safety in mind.
If poorly designed packaging causes a solution to spray out of its container and into the user’s eyes unexpectedly, there may be grounds for a claim. Manufacturers may not provide accurate or thorough instructions for use or warnings about the dangers of ingestion or flammability. If users are hurt because of those failures, manufacturers may hold liability.
Get Maximum Compensation for Product Liability Damages
The damages sustained from a defective product have far-reaching implications. They can hurt you physically, emotionally, and financially. A fair settlement will help you recover your financial losses and acknowledge your physical and emotional suffering.
Though every case is different, it is likely you will seek recovery of or acknowledgment for:
- Medical costs and future medical expenses
- The value of property damaged or ruined by the incident
- Income lost during recovery time and lost future wages if you cannot go back to work
- Other costs incurred by the accident
- Physical pain
- Emotional trauma caused by the accident and the consequences of your injuries
- Diminished enjoyment of life
Your product liability attorney in Mt. Pleasant will value your losses thoroughly and calculate a settlement demand. The amount you collect depends on a variety of factors, including the extent of your damages, the strength of your evidence, and the responsibility you hold for the accident.
Under South Carolina’s comparative fault system, your settlement can be reduced if the other side proves your culpability. And they will work hard to do just that. You need a skilled attorney both to prove your claim against the at-fault party and to protect you from being assigned undue blame.
South Carolina’s Comparative Fault Laws
Under South Carolina Code Chapter 38, victims can only pursue compensation if they are less than 50% responsible for the accident causing their injuries. If they are eligible to collect but still hold a percentage of fault, the compensation they collect is reduced according to their percentage of fault. Victims found 10% responsible collect 90% of the total calculated settlement amount.
We Will Fight for Every Dollar You Deserve
Consumers have rights. On the most basic level, they have the right to buy products that operate safely. When a product’s poor design, defect, malfunction, or lack of instruction causes you or your property harm, you have the right to demand compensation. Reach out to a product liability lawyer in Mt. Pleasant from Shelly Leeke Law Firm, who will fight tirelessly to hold negligent parties accountable and get you every dollar you deserve.