When a manufacturer sells a product to the public, the manufacturer warrants to the public that the product is safe and that it will perform as expected. When that product injures someone and it fails to perform to the expectations of the public, the manufacturer can be held liable for the damages that are caused by this defective product.
Three Types of Products Liability Claims
Generally speaking, there are three basic types of products liability claims in South Carolina. Those three are:
- Manufacturing defect - Manufacturing defects happen during the manufacturing process. For example, the manufacturer may use poor-quality materials or the defect may occur due to shoddy workmanship.
- Design defect - These happen when the design is inherently dangerous or useless (and hence defective) no matter how well the product is manufactured. For example, the product may fail to meet ordinary consumer expectations as to what is a safe product or the risks of the product outweigh its benefits.
- Failure to warn - These defects happen when there are dangers that aren’t obvious but harm could have been reduced or avoided through adequate warnings to the user.
South Carolina is one of the leaders in holding manufacturers responsible for the injuries they cause due to their defective products. A manufacturer or a supplier of a particular part or even the retailer of a particular product may be held responsible for the injuries that are caused due to a product that they manufacture, produce, design or sell. Some examples of such defective products include various cars, minivans, trucks, tractor trailers, medical devices, lead-based paint products and latex glove products.
Products Liability Attorneys in Charleston
The Charleston Products Liability Attorneys at Futeral & Nelson, LLC help those who have been injured by a defective product in Charleston, North Charleston, Mt. Pleasant, Summerville, Goose Creek, Hanahan, Moncks Corner, James Island, West Ashley, Folly Beach, Sullivan’s Island, Isle of Palms, Awendaw, McClellanville and the surrounding areas.