Manufacturing companies and product distributors have certain legal obligations relating to the safety of their consumers. They must ensure that all products that leave their facilities are reasonably free from hazards, such as defective parts or malfunctions. Failure to do so, resulting in consumer injury, may be grounds for a product liability lawsuit in Charleston. The talented Charleston product liability lawyers at HawkLaw in Mount Pleasant, SC can help you work through a potential defective product claim, and pursue compensation for your damages.
Elements Necessary to Prove a Product Liability Case
Cases involving defective products are unique in that plaintiffs do not need to prove the defendant’s negligence, as they must in most personal injury lawsuits. Instead, the plaintiff must only show that the product had a defect, and that this defect caused the injury. There are four elements necessary to prove a defective product case in Charleston. First, that the plaintiff suffered losses or sustained an injury. “Losses” can include property damage or financial losses as well as personal injuries. Second, that the product is defective. A “defect” can be one of these three different types:
Manufacturing error. A manufacturing error is a mistake that occurs during the product’s creation. In these cases, the product would have otherwise been safe for use, but the error made the product dangerous. An example is a swing missing one of the links in its chain.
Design flaw. A design flaw makes an item inherently dangerous to use, even if manufactured correctly. There is something that makes the product unsafe in its inherent design. For example, a teakettle that cracks when it gets too hot.
Inadequate safety warnings. A manufacturer must list any hazards that are not obvious to the ordinary consumer, as well as directions for using a product if necessary. An example of this defect would be a children’s toy that poses a choking hazard to kids under the age of three, with no warning stating so.
The third element is that the defect caused the injury. It is not enough to prove that a product is defective – it must be the proximate cause of your injuries. A plaintiff may prove this with photos, eyewitness testimonies, and/or medical records. The fourth element requires that you were using the product as the manufacturer intended at the time of the incident. Using a clothing iron to straighten your hair, for example, would likely make it impossible for the consumer to claim damages for a subsequent burn injury.
Why Trust HawkLaw with Your Defective Product Case?
A defective product can cause serious injuries and even death to unsuspecting consumers. A personal injury lawsuit can lead to compensation for pain and suffering, medical bills, lost wages for missed time at work, and more. If you believe you have all four elements of a successful product liability case, your next step is to retain an experienced lawyer in Charleston.
The Charleston product liability lawyers at HawkLaw are an ideal candidate for you, as we have more than 50 years of combined experience among our lawyers. We have secured millions of dollars in settlements, awards, and judgments for clients throughout South Carolina. You might be next on our list of success stories. Our team’s job is about more than just fighting for the compensation our clients deserve.
The main goal of our team of Charleston product liability lawyers is to better the lives of those who have suffered injuries or other losses at the hands of someone else’s negligence. We are in the business of offering legal counsel and professional help during some of the most tragic times in our clients’ lives. We are a caring, empathetic local law firm that wants above all else to help those in our community.
Contact Our Charleston Product Liability Attorney
After any type of injury involving a potentially defective product in Charleston, contact our firm. A friendly attorney will meet with you during a free consultation in Mount Pleasant, SC to discuss the merit of your incident. Call today! (843) 737-9356
“After I got seriously hurt, I called HawkLaw. I was very happy with the help that I got from them. I could not have asked HawkLaw to do any better.” Brian
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