Dangerous and defective products can cause serious injury and even death. There are hundreds of product recalls every year, despite the manufacturer’s responsibility to ensure that their products are safe for consumers to use. Recalls of a product often indicate that people have already suffered injury when using the product. Who can be held liable when an injury or death occurs? The responsibility for faulty and defective products is not just limited to the manufacturer. Others in the “chain of distribution” can also be held responsible. Liability may extend to the suppliers, distributors, and retailers who sell the product, and potentially advertisers and maintenance companies. A lawsuit typically tries to show negligence in some capacity, and that the negligence resulted in injury or death.
There are three different types of product liability claims that are generally made in lawsuits.
Defects in design
A flaw in the design has made the product dangerous. This is not an error in the manufacturing process. The product may have been made exactly to the manufacturer’s specifications. The consumer may have been using the product properly and for its intended purpose. Examples may be poorly designed automobile airbags or an electrical appliance that overheats and causes a fire.
Defects in manufacture
An error occurred during the making of the product. There may have been faulty, broken, or missing parts. There may have been a failure to assemble the product correctly, according to manufacturer’s specifications. Contamination of a food product or medication batch may have been allowed to occur, thus tainting the product.
Insufficient or missing warnings
Warning labels may have failed to alert the consumer of potential dangers if the product was not used properly. There may be a lack of instructions or insufficient instructions for the safe handling of a product. An example may be a medication that fails to list possible side effects or a lack of warning about using it with other medications. Product warnings must be clearly stated and specific. They must be placed in a conspicuous location for consumers to easily see.
South Carolina law requires that product liability or defective product lawsuits be filed within three years of the date of the injury. The injured party doesn’t have to be the buyer of the product if they were injured while the product was in use. The injured party can claim medical bills, lost wages, depreciated earnings, and pain and suffering.
If you or a loved one have been injured by a defective or dangerous product, speak with a product liability attorney at Ryan Montgomery Law. Save the product, if possible, along with operating manuals, product instructions, and sales receipts. Document injuries and medical treatment.
Ryan Montgomery Law handles the following types of product liability cases:
- Auto manufacturing defects
- Round Up/ Pesticides
- Medical device defects
- Actos injuries
- Biomet Magnum hip implant injuries
- DePuy hip implant injuries
- Transvaginal mesh implant injuries
- Food products
Call Ryan Montgomery Law today for a free case review.