While everyone should be able to trust that the products they purchase are safe to use as directed, this is not always how things work out. In any given year, dozens of products are recalled by their manufacturers for serious and dangerous defects—and unfortunately, those recalls often come too late to save unlucky consumers from suffering serious harm.
If you were injured due to a product defect that you were not reasonably forewarned of, you may have grounds to pursue a civil lawsuit with help from a Mount Pleasant defective products lawyer. With guidance and support from a dedicated attorney, you may be able to hold a defective product’s manufacturer liable to pay for every loss you suffered from that defect.
Common Ways in Which Products Can Be Defective
Generally speaking, there are three types of product defects for which a manufacturer could bear civil liability. Identifying the specific defect that caused a plaintiff’s injuries is often one of the most important ways a product liability attorney could help with a prospective civil claim in Mount Pleasant.
First, a product may be inherently dangerous because of a flaw or oversight in its core design—in other words, a design defect. Second, a fault may have occurred during the manufacturing or assembly of an otherwise safely designed product, leading to what is known as a manufacturing defect. Finally, if a manufacturer designs and constructs a safe product but fails to provide thorough instructions for use that highlight potential risks and dangers, a consumer injured by that product may be able to file suit over a marketing defect, also known as a failure to warn.
Establishing Civil Liability for a Product Defect
Unlike many other types of personal injury claims, defective product cases generally do not involve legal negligence. Because product manufacturers in South Carolina owe an extensive duty of care to protect consumers by thoroughly testing their products before sale, they often bear strict liability for any harm a consumer suffers from their product. In fact, some cases even put the burden of proof on manufacturers to prove they were not negligent, rather than on the plaintiff to prove the defendant was.
In most situations, a defective products lawyer in Mount Pleasant could help a plaintiff recover significant compensation just by proving that one of the aforementioned defects existed in a product, the plaintiff suffered compensable losses directly because of that defect, and the plaintiff was using the product appropriately and reasonably at the time of their injury. However, if any of these elements are not present in a case, recovery may not be possible even if the product in question was, in fact, defective.
Speak with a Mount Pleasant Defective Products Attorney Today
While proving liability for a defective product can be more straightforward than proving liability for a car wreck or slip and fall, that does not mean it is easy for an unrepresented plaintiff to manage alone. Large manufacturing companies often maintain sizable legal departments with the sole purpose of fighting litigation, and the average corporate defense lawyer is all too happy to take advantage of an injured individual’s lack of legal knowledge and expertise.
Fortunately, you could even the odds significantly in your favor by retaining and working with a seasoned Mount Pleasant defective products lawyer. To learn more about the assistance legal counsel could provide in your situation, call today and set up a private consultation.