Experienced Products Liability Attorney Fights for Consumers in South Carolina
Results-oriented representation seeks full, fair compensation
Companies that put goods on the market have a duty to consumers to make sure that the products are reasonably safe to be used. Unfortunately, we are constantly hearing about defective products that don’t just fail to work as intended but actually cause injury and death to innocent parties. If you or a loved one has suffered a personal injury or wrongful death due to a dangerous consumer product, the Law Offices of David L. Hood is prepared to help. It’s often difficult to hold a large corporation accountable for harm to an individual. But, by drawing on more than 25 years of knowledge and experience, we are determined to assert your rights and advance your case to a positive conclusion.
Types of products liability cases in South Carolina
To succeed in a products liability case, the lawyer for an injured plaintiff must prove the following elements:
- The product had a defect while it was under the defendant company’s control.
- The defect made the product unreasonably unsafe to use in a foreseeable manner.
- The injured plaintiff used the product in a foreseeable manner.
- The defect caused the product to injure the plaintiff.
Notice that the law doesn’t require you to have used the product “as intended.” You could have used the product in some alternative way, or even misused the product. But if the manufacturer could have anticipated your particular misuse of the product, you may still be able to obtain compensation.
Types of product defects in products liability cases
Generally speaking, there are three categories of product defects:
- Design defects — In this category belong products that came from a faulty plan. A drug could be unreasonably dangerous because of its formula. A baby crib could be too dangerous because the spacing between the slats is wide enough to allow a baby’s head to become trapped. When design defects are at issue, the harm is generally widespread (provided the product sold well), because every product would have the defect.
- Manufacturing defects — In this category, we have products that could have been made safely, but due to poor workmanship, processing or materials, a defect was introduced as the product was made. With this category, the flow of defective products could be limited because the conditions that led to the defect might have existed for only a short time.
- Labeling defects — Also known as “failure to adequately warn,” this defect exists when an inherently dangerous product does not have sufficient warning labels to alert the average consumer about necessary precautions. Labels that fail to warn of drug interactions, sharp edges of products or shock dangers with appliances are often ruled defective.
In most cases, a manufacturer is strictly liable for injuries due to product defects, so a plaintiff does not have to prove that the manufacturer was negligent or that a safer way of producing the product exists.
Large manufacturers resist paying compensation even when their liability for injuries is clear. For this reason, you should only entrust your case to an experienced personal injury attorney with a record of success.
Contact a reputable attorney in South Carolina for your products liability claim
The Law Offices of David L. Hood provides highly responsive counsel and determined advocacy for consumers injured by defective products. To schedule a free consultation, call us at 843-491-6025 or contact our Murrells Inlet office online. If your injuries prevent you from coming to our office, we can come to you.