and Getting Just
A products liability lawsuit seeks to hold a manufacturer or seller liable for placing a defective product into the stream of commerce. Pursuant to S.C. Code § 15-73-10, “[o]ne who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm caused to the ultimate user or consumer, or to his property, if (a) [t]he seller is engaged in the business of selling such a product, and (b) [i]t is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.”
That statute holds manufacturers of defective products strictly liable for any injuries or property damage they cause to consumers or their property, which eliminates the consumers need to prove negligence to recover compensation. There are three defects a plaintiff in a products liability lawsuit can allege to show that the product is unreasonably dangerous: a manufacturing defect, a warning defect, and a design defect.
A manufacturing defect occurs when something goes wrong during the production of an individual product or lot. These defects do not affect an entire line of products.
When a warning defect claim is made, an injured consumer alleges that he or she was not adequately warned of dangers inherent to a product. In these cases, the plaintiff must show that the manufacturer’s warning was inadequate and that the inadequate warning was a proximate cause of her injuries. Moreover, the plaintiff must demonstrate the existence of a feasible alternative warning that would have changed the outcome.
Finally, the most common types of products liability claims involve design defects. In these cases, the alleged defect is inherent in the design, such that all products produced in accordance with that design are defective. In order to prevail in a design defect products liability case, the injured consumer must prove, generally through expert testimony from an engineer, that when the product left the manufacturer’s control, a reasonable alternative design existed that would have prevented the product from being unreasonably dangerous. The Lexington products liability lawyers at Morgan Litigation Group can help guide you through your options.
In all cases involving defective products, it is important at the outset to establish that the defect was the source of the injury. Therefore, it is critical to preserve the product involved in the incident in the same condition it was at the time of the incident. That is because the product will need to be examined by a qualified expert to determine the type of defect involved and how the product could have been made safer.
If you find you or someone you love has been injured or killed due to a detective product, contact Morgan Litigation today to schedule an appointment to discuss your legal options. Our attorneys have successfully represented individuals and their family members throughout South Carolina and nationwide who have been victims of defective products, including:
Our experienced South Carolina products liability attorneys have the knowledge and resources available to assist you with these complex, and often expensive, cases.
Fill out the contact form or call us at 803-359-6195 to schedule your free consultation.