Were you injured while using a dangerous consumer product in Charleston, SC? The product may have suffered from a defect. Defective consumer products reach consumers’ hands much more often than you might think. An experienced Charleston product liability lawyer can help you fight to recover compensation from the product manufacturer and other responsible parties.
Our founding attorney at Ty Robinson Law Firm has over six years of experience in personal injury law. He’s already recovered millions of dollars in settlements and verdicts since opening our doors.
The manufacturing company may owe you compensation for medical bills, lost wages, and more. To learn more about how an attorney can help, contact us online or call (843) 278-2222 to schedule a free consultation.
How Can Ty Robinson Law Firm Help With a Product Liability Claim in Charleston, South Carolina?
Product liability cases are almost always challenging to prove. Expert witness testimony can be critical to proving that a product was defective. You’ll probably be standing up to a major corporation that is protected by its insurance adjusters and defense teams. They have limitless resources to fight your claim and downplay your injuries.
You deserve an experienced Charleston personal injury lawyer who can protect you. Ty Robinson Law Firm is prepared to offer personalized assistance as we help you navigate the complex legal process.
We can help by:
- Locating the compelling evidence you need to prove your case
- Bring in experts and specialists as needed
- Evaluate your damages
- Calculate the value of your case and reject any lowball offers
- Protect against allegations that you used the product incorrectly
- Determine whether others have suffered similar harm
- Identify any available class action lawsuits or multi-district litigation
- Negotiate with the insurance companies on your behalf
Our team is always here to discuss your case and answer your questions. Schedule your free consultation with our Charleston product liability attorney today.
What is Product Liability?
Product liability laws hold companies responsible for selling defective products. There’s no effective way for government agencies to ensure all products are safe for consumer use. Product liability laws shift responsibility to the manufacturer.
When manufacturers ignore their duties and sell defective products, they’re strictly liable for any resulting injuries and harm.
What Do I Have to Prove to Win a Product Liability Lawsuit?
Most personal injury cases are based on negligence. They hold people responsible for failing to exercise a reasonable amount of caution.
Product liability cases are different.
To win your case, you must prove:
- The defendant was somehow responsible for putting the product on the market, meaning they were responsible for the product’s design, manufacture, or sale
- The product suffered from a defect that made it unreasonably dangerous
- You were injured using the product
- You used the product as intended or in a reasonably foreseeable way
- You suffered damages because of your injuries
Your lawsuit can be based on one of three different types of defects: design defects, manufacturing defects, or marketing defects.
Design Defects
Design defects, as the name suggests, are “dangerous by design”. Something about the product’s design makes it dangerous.
When evaluating design defect cases, courts and insurance companies consider:
- Whether a safe alternative design exists
- The risk posed by the product as designed
- The value of the product as designed
- Whether the product would be effective with the safer design
- The costs of adopting the safer design
Not all products can be designed to eliminate all risks. It’s also important to evaluate the effectiveness of any warnings offered by the product manufacturer.
Manufacturing Defects
Manufacturing defect cases involve products that have safe designs. The danger is created because the product wasn’t assembled as designed. If a mistake in the manufacturing process made the product unreasonably dangerous, you can hold the manufacturer liable.
Marketing Defects
Manufacturing companies must disclose any known risks associated with a product. They also must generally provide instructions on how to use a product safely. If it fails to warn consumers about the risk of injury, it can be held liable in a marketing defect case.
What is My Charleston Product Liability Case Worth?
All cases are different. The key consideration is the severity of your injuries. That’s because more severe injuries are generally more expensive to treat, will disrupt your life more dramatically, and can result in long-term harm.
Issues to consider when your lawyer is assessing your case value include:
- Your medical treatment costs
- Your loss of income
- Whether your earnings remain impaired once you’ve recovered to the extent possible
- Ongoing costs for medical care, rehab, nursing assistance, etc.
- The length of your recovery
- Damage to your lifestyle, quality of life, and mental health
- Whether you share blame for misusing the product
Manufacturing companies have insurance and defense teams. They’re entire job is to pay as little as possible. If you were injured because of a defective product, you deserve an attorney with the skills to level the playing field. Contact Ty Robinson Law Firm to learn how our Charleston product liability attorney can help with your case.
What Types of Damages Are Available in a Successful Product Liability Case in Charleston?
Victims of dangerous products can pursue compensation for economic and non-economic damages, like any other car accident victim.
Some typical examples of damages include:
- Current medical bills
- Lost wages
- Anticipated future medical expenses
- Lost earning potential
- Physical therapy
- Property damage
- Pain and suffering
- Emotional distress
- Disfigurement
- Scarring
- Anxiety
- Depression
- PTSD
- Diminished quality of life
- Loss of consortium in wrongful death cases
Essentially, any loss you have experienced should be covered in your settlement or verdict. Your compensation should make you “whole” again to the extent possible.
How Much Does it Cost to Hire a Lawyer to Handle a Product Liability Claim in South Carolina?
Product liability lawyers typically operate under the standard contingency fee system. You’ll agree to pay a percentage of your settlement or verdict. That means you don’t have to worry about an initial retainer fee–and you only pay if your attorney wins compensation in your case.
Can South Carolina’s Comparative Fault Law Impact My Right to Damages in a Product Liability Case?
Product manufacturers often blame victims for using their products incorrectly. Even if they have proof, that doesn’t mean you lose your right to damages.
South Carolina has modified comparative negligence laws. You lose your right to damages if your share of fault reaches 51%. Your damages are reduced if your share of fault is 50% or less.
Remember that manufacturing companies can still be liable if you used the product incorrectly, but that misuse was reasonably foreseeable. If someone is accusing you of causing your own injuries, call a lawyer for help.
Defective Products Are Responsible for Causing a Wide Range of Injuries in Charleston
Any ordinary consumer product can be incredibly serious if it suffers from a product defect.
At Ty Robinson Law Firm, our legal team has the skills to represent clients in any type of injury case, including those involving:
- Broken bones
- Burns
- Deep cuts and lacerations
- Eye injuries
- Concussions
- Dislocations
- Shoulder injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Hearing loss
- Internal bleeding
- Organ damage
- Diseases, including cancer
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
If you were injured or lost a loved one, count on our founding attorney to fight for the maximum compensation you deserve.
Ty Robinson Law Firm Handles All Types of Product Liability Claims
Our team handles all types of defective product cases, including cases involving defective:
- Prescription medication
- Over-the-counter drugs
- Medical devices and equipment
- Household appliances
- Personal care products
- Vehicles
- Vehicle components, including airbags and brakes
- Pesticides and household chemicals
- Toys and children’s products, including car seats, furniture, and mattresses
- Sports equipment
- Recreational vehicles
- Electric scooters
- Power tools and heavy machinery
- Construction equipment
- Fireworks and explosives
- Batteries
- Vape products
- Firearms
Any type of product can be dangerous if it’s defective. If you were a victim, a lawyer can evaluate your situation, launch an investigation, and determine whether you have a valid case. Because your consultation is completely free, there’s no risk in seeking legal advice after an injury.
How Long Do I Have to File a Product Liability Lawsuit After an Injury in South Carolina?
Most personal injury victims in South Carolina have three years from the date of an injury to take legal action. If you don’t file a lawsuit before the three-year statute of limitations expires, you completely lose your right to compensation
When defective products result in gradual harm, the three-year clock starts to run on the date of your diagnosis or the date you reasonably should have discovered the harm.
Contact a Leading Charleston Product Liability Lawyer for a Free Consultation
Product liability cases can involve complicated legal issues. Establishing liability can be challenging even with South Carolina’s strict liability law. An experienced Charleston product liability attorney at Ty Robinson Law Firm can help at every turn. Contact us today to set up a free case review and discuss your options.
