South Carolina Defective Products Attorneys
Serving Lexington, Camden, Columbia, Sumter, and Newberry, SC.
Product Liability
The law of product liability is the area of law which deals with the liability of the manufacturer, wholesaler or retailer of a product for injuries resulting from dangerous and defective products. Products subject to the law can include:
- pharmaceuticals
- appliances
- vehicles
- medical devices
- medical implants
- blood
- tobacco
- commercial jets
Today almost anyone injured by a "defective" product (defined as a product which is unreasonably dangerous for its intended use) can bring an action for damages against any party in the distributive chain of the product, whether it be the manufacturer, the wholesaler, the retailer or even the maker of a component part.
Theories Upon Which Suit Can Be Brought
Product liability claims can be brought under a number of different theories, including:
- Design Defects. With a design defect, liability arises from a mistake in the design of a product, which makes the product dangerous when used as intended or for another reasonably foreseeable purpose.
- Manufacturing Defects. With a manufacturing defect, liability arises from a defect in the manufacturing process.
- Marketing Defects. A marketing defect involves such issues as inadequate warning labels or instructions.
There are also a number of different legal theories upon which an injured party can bring an action in product liability law. These theories include:
- Negligence. In a negligence action, the plaintiff must demonstrate that the parties responsible for placing the product into commerce had a duty to provide goods fit for their foreseeable uses; they would have detected the defect had they exercised reasonable care in the design, manufacture or inspection process; they failed to meet their obligations and that the plaintiff was injured by the product as a result.
- Breach of Implied and Express Warranties. Under the theory of breach of express warranty, the plaintiff will have to show a violation of the actual written warranty associated with a product. Under theory of breach of implied warranty, the plaintiff will have to show that although there is no express warranty or the defect alleged is not covered by the express warranty, the defect in the product rendered it unfit for the purpose for which it was intended.
- Strict Liability. Under a strict liability standard, the plaintiff need only establish that the product is defective, there is no need to show fault of a party in the chain of distribution.
Product liability injuries can happen anywhere, and from a wide number of poorly manufactured, or inadequately marked products. If you have been injured or made ill by a product, please contact the experienced attorneys at McWhirter, Bellinger & Associates, P.A. in South Carolina for an initial consultation. We will discuss your injury or illness, how
With offices in Aiken, Camden, Columbia, Lexington, Newberry, Orangeburg, and Sumter, South Carolina, our personal injury lawyers are ready to serve you. Call us today at 1-800-694-0994.
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