Product Liability Lawyers in Columbia, SC
Experienced Columbia product liability attorneys fighting for justice and compensation after an injury from a defective product
Have you been injured by a faulty product in Columbia, SC?
You’re not alone.
Defective products can cause serious injuries, leaving victims with significant medical bills, lost wages, and emotional distress. If you’ve been harmed by a dangerous product, you deserve justice and compensation for your losses.
At SBLTV, our skilled Columbia-based product liability lawyers are committed to helping victims hold negligent manufacturers and retailers accountable.
Our firm is familiar with the local courthouses and the procedures pertinent to product liability cases in our state. Learn how we can help maximize your claim today by scheduling a free consultation.
Understanding product liability claims in Columbia, South Carolina
Fortunately, there are laws to protect consumers who suffer injuries after properly using defective products. This is known as product liability, which aims to hold responsible parties accountable if a person uses a product the way it’s meant to be used and suffers harm.
So, what are the scenarios for product liability?
Product liability situations can vary widely based on the circumstances, but common scenarios include the following:
- Defective design. A design defect in product liability refers to a flaw or imperfection in the design of a product that renders it unreasonably dangerous when used as intended. Unlike manufacturing defects, which occur during the production process, design defects exist inherently in the product’s design and can pose risks to consumers even if the product is manufactured precisely according to specifications.
- Manufacturing defect. A manufacturing defect occurs when a problem arises while a product is manufactured or assembled. Typically, this happens at the factory where one or a few of the same products differ due to an error. This can cause problems when it gets into consumers’ hands.
- Failure to warn. Also known as marketing defects, failure to warn is another common product liability claim. It occurs when a manufacturer fails to include clear instructions on how to properly use a product or doesn’t warn the public about the inherent risks of using it.
- Breach of warranty. This occurs when a manufacturer fails to fulfill the promises or guarantees made about the quality, performance, or safety of a product. This breach can involve express warranties, which are explicitly stated by the manufacturer, or implied warranties, which are presumed by law to exist based on the nature of the transaction or the product’s intended use.
How many injuries are caused by defective products each year?
Each year, millions of people are injured by defective products. According to the National Safety Council (NSC), 12.7 million people sought emergency room care due to injuries caused by consumer products in 2022 alone, with a notable proportion of these injuries caused by items commonly perceived as safe.
Some of the most common products causing these injuries included:
- Stairs and ramps
- Televisions and TV stands
- Household cleaners, soap, and detergents
- Chairs and couches
- Beds, mattresses, and pillows
- Ovens and microwaves
Common injuries from defective products
While injuries vary according to the product and its defect, certain injuries are more common in product liability cases, including:
- Burns. Burns can occur when an appliance has faulty wiring or an electronic device has a defective battery. A person can suffer severe injuries, disfigurement, or infection if a product explodes or catches fire.
- Fractures and spine injuries. Broken bones and spinal cord injuries can occur if a product has a defect that causes it to break while being used. For example, if you buy a ladder to use while painting a room and the top rung collapses when you step on it, you can fall and sustain a fracture or spine injury.
- Traumatic brain injuries. Head and brain injuries are also relatively common when certain products contain defects. A common example is a faulty airbag that randomly deploys when a car accident hasn’t occurred. In the worst cases, a victim can suffer a traumatic brain injury that can last for months, years, or even permanently.
- Organ damage and anaphylaxis. Defects in medications or implants can lead to serious and life-threatening complications like organ damage or anaphylactic shock, which is a severe allergic reaction characterized by a sudden onset of symptoms, including trouble breathing, swelling of the throat, and a drop in blood pressure. A person can also be left with an illness they didn’t previously have, like cancer, after taking a dangerous pharmaceutical drug.
- Asphyxiation. Some defective products can also cause choking hazards in children that lead to asphyxiation or wrongful death. If a child is injured while using a toy that’s labeled appropriate for their age or there’s no warning about potential harm, parents can file a product liability lawsuit.
FAQs about product liability claims
Who could be held responsible if a consumer is injured by a product?
If a consumer is injured by a product, multiple parties could be held responsible, depending on the circumstances. These may include the manufacturer of the product, the designer, the distributor, the retailer who sold the product, or even the entities responsible for its advertising and marketing.
How do you prove a product is defective?
To establish product liability, several elements must typically be proven:
- Defective product. The plaintiff must demonstrate that the product in question was defective in some way, whether due to design flaws, manufacturing defects, or inadequate warnings or instructions.
- Injury or harm. It must be shown that the plaintiff suffered harm or injury while using the product as intended or in a reasonably foreseeable manner.
- Causation. There must be a clear link between the defect in the product and the injury suffered by the plaintiff. This demonstrates that the defect directly caused the harm.
Proving these elements typically requires a thorough investigation, expert testimony, and legal analysis to establish liability and ensure fair compensation for the injured party.
What kind of financial compensation can I get from a defective product lawsuit?
If your product liability lawsuit is successful, you can recover compensation for your medical expenses, lost wages, lost earning capacity, property damage, pain and suffering, loss of consortium, loss of companionship, loss of enjoyment of life, as well as funeral and burial expenses if someone was killed.
Additionally, punitive damages may be awarded in cases where the defendant’s conduct was particularly appalling or careless. These damages are intended to punish the defendant and deter similar conduct in the future.
How long do I have to file a product liability claim in SC?
In South Carolina, the statute of limitations for filing a product liability claim is typically 3 years from the date of injury or discovery of the injury caused by the defective product.
It’s crucial to consult with a knowledgeable attorney as soon as possible to ensure compliance with this deadline and to initiate the legal process in a timely manner.
Why choose SBLTV to help with your product liability claim?
Injuries sustained from using a defective product can be severe, and building a case against a large corporation can be complex, so you need the right legal representation on your side.
With a proven track record of success, our experienced Columbia personal injury attorneys have secured substantial compensation for numerous clients affected by defective products in Columbia.
One of the things that sets us apart is our personalized approach, which ensures that each client receives dedicated attention and clear communication throughout the legal process. You can trust us to advocate for your rights and pursue the full compensation you deserve with diligence and expertise.
Ready to take the next step?
You deserve the best representation in your product liability case as you recover from your injuries. Contact Smith, Born, Leventis, Taylor & Vega today to schedule a free consultation by phone, in person, or virtually.
References
Consumer Product Injuries. (n.d.). Injury Facts. https://injuryfacts.nsc.org/home-and-community/safety-topics/consumer-product-injuries/
