While product makers have a responsibility to the public to ensure that their goods are safe to enter the marketplace and be used in the manner for which they are intended, unsafe products enter the marketplace all the time. While many items are recalled, this typically happens once consumers are injured and file complaints. Many other dangerous products may not be recalled at all.
If you or a loved one became hurt after using a consumer product of any kind, an experienced Charleston product liability lawyer could help. By thoroughly reviewing the facts of your case, a detail-oriented injury attorney could help you determine your options and decide your next steps.
Common Types of Product Defects
There are three main types of product defects that could land product makers in trouble for endangering consumers: manufacturing defects, design defects, and marketing defects. A plaintiff could speak to a product liability lawyer in Charleston to understand which type of defect caused their injury.
Design defects may occur when the product has an inherent flaw from the beginning. Products with design defects became defective from the moment the designer conceived the idea. A person injured by a toy with small parts that break off and pose choking hazards or a motor vehicle that tends to catch fire could pursue compensation.
Manufacturing defects may occur when something goes awry during the manufacturing process. While nothing may have been wrong with the initial product design, the design was not carried out as intended by the designers. Manufacturing defects may include food contamination at a factory, components that were not attached properly, or defects caused by machinery malfunction.
Problems that occur during distribution may also be considered manufacturing defects. This may occur when a product is stored improperly or at the wrong temperature and spoils or becomes unsafe.
Marketing defects may occur when a product lacks necessary warnings, labeling, or instructions, or when its makers acted misleadingly when marketing the product. Marketing defects may include dangerous drugs with side effects that were not disclosed, or children’s products that failed to state the age restrictions.
Statute of Limitations in Charleston
South Carolina maintains a statute of limitations, or time limit, on personal injury claims, which may include those for product liability. Typically, injured plaintiffs have three years from the date of their injury to file a claim against the manufacturer, under South Carolina law.
There may be certain exceptions to the rule under certain circumstances. Injured children may have until three years from their 18th birthday or until they turn 21 to file a claim on their own behalf.
In some cases, the court may extend the time limit if the plaintiff had a delay in discovering their injury and that delay is deemed reasonable. An experienced Charleston product liability lawyer could help potential claimants adhere to the applicable time limits, and ensure to preserve their rights when filing a claim.
Consult with a Charleston Product Liability Attorney
Regardless of what type of product defect an item possesses, if a consumer suffered injury due to any product an item possesses, the product maker or distributor could be held liable for their negligence. If you or a loved one were injured while using a consumer product, a skilled Charleston product liability lawyer could help you seek the compensation you deserve.
You may be eligible for noneconomic or nonmonetary damages that may include reimbursement for medical bills, surgery, or lost wages due to missed work, and pain and suffering. To learn more about your options, call today.