If you were injured by a defective product, you can seek compensation with a product liability lawsuit. Product liability law is based on the responsibility of a manufacturer or other provider of goods to compensate users of the goods for injuries caused by defective products they sell. In other words, manufactures are expected to do whatever possible to ensure their products are not going to hurt their customers.
Proving a defective product liability claim can take considerable time and money. Clore Law Group is prepared to evaluate your case for free and cover up front all the expenses needed to win your case. Your first step toward stopping a company from continuing their reckless practices is contacting the Clore Law Group.
Burden of Proof in Defective Products Claims
This area of law has changed substantially over the years. At one time “caveat emptor” (let the buyer beware) was the standard to which manufacturers were held. Today “strict liability” is imposed in appropriate cases. Under this standard manufacturers are responsible for injuries caused by their defective or unreasonably dangerous products even if they were not negligent.
Attorneys must prove there was a design or manufacturing defect in the product or that the manufacturer did not adequately warn consumers about the product’s possible dangers. It must also be proven that the product caused the injuries and that the product was being used in the way it was intended to be used or, alternatively, that the manufacturer should have anticipated that the product would be “misused.”
Manufacturing defects can be easier to prove than design defects. Let’s say product malfunctions the first time it is used, causing injury. This may be a clear indication of a manufacturing defect. On the other hand, if the same product is found many times to have caused injury, a design defect may be the cause. Experts will be required to prove the designs flaws responsible for the injuries. In a design defect case, the manufacturing is not to blame since it was executed to the specifications of the product design.
Proving causation in defective products cases can be tricky. The plaintiff must establish that the product was defective when it left the hands of the defendant manufacturer, distributor, or seller, and that the defect was the cause of the accident that led to the plaintiff’s injuries. If the injuries could have arisen from several potential causes, the plaintiff usually must establish that the product defect had a substantial role in bringing about the injuries.
Bases of Recovery in Defective Products Cases
The following are some possible legal theories that can be argued in a product liability case.
- Negligence. Negligence is a lack of reasonable care in the manufacture or sale of the product or in warning about the product.
- Breach of warranty. Breach of warranty is failure to fulfill the terms of a promise regarding the product’s performance.
- Misrepresentation. Giving consumers a false sense of security about a product’s safety is a type of misrepresentation.
- Strict liability. Where the defective product, although not the fault of the defendant, rendered the product unreasonably dangerous, the defendant is responsible under the theory of strict liability.
Many types of defects, such as those found in motor vehicles, medical equipment, chemicals, firearms, apparel, asbestos, cosmetics, tools, and the pharmaceuticals, can be the basis of a product liability case.
If you or someone you care for has suffered injuries from a defective product, the experienced South Carolina attorneys at Clore Law Group can help. You can expect trusted advice on whether you may have a claim against the product manufacturer or seller.
If you have a viable claim, Clore Law Group will begin working to secure the maximum compensation possible for your suffering. You’ll pay nothing up front, because our fees are earned if and when we win your case; your case evaluation is free too. The sooner you contact an experienced product liability lawyer the better.