Defective Product Attorney

pillsDangerous and defective products that cause harm or injury to users, unlike the causes of other personal injury cases, pose a risk to a large number of people, rather than just a single victim. Hunter W. Morris, a Greenville, South Carolina defective product attorney, helps protect consumers who are threatened or injured by dangerous and defective products.

Defective product cases arise when there is a design flaw or manufacturing defect in a product that causes harm and injury to a user of that product. They can also arise when a manufacturer fails to inform consumers of adequate safety precautions during the marketing process. In other words, the manufacturer fails to warn users of the dangers associated with the use or misuse of the product, leader to user injury.

If you have suffered an injury, or a close family member has died due to his or her use of a dangerous or defective product in Greenville, Spartanburg, or Anderson, experienced South Carolina product liability lawyer Hunter W. Morris can help.

Product liability is a special area of the law that holds companies legally responsible for designing, producing, manufacturing, distributing, and selling products that are unsafe for use by the public. The starting premise in all product liability cases if that all products in the stream of commerce are safe.

A dedicated defective product attorney can investigate and aggressively pursue your claim to achieve financial compensation for your pain and suffering and other related costs associated with your injury.

Types of Dangerous and Defective Products

Any product has the potential to become dangerous if it contains a defect that can cause injury. Some products, however, are more dangerous and can lead to serious, life-changing injuries, including death in extreme cases. Some commonly dangerous products include:

  • Drugs
  • E-cigarettes
  • Medical products and devices (Stryker, DePuy and Smith & Nephew hip replacement implants, transvaginal mesh device, and 3M Combat Ear Plugs)
  • Furniture (bookshelves, chairs, and dressers)
  • Baby products (strollers, drop-side cribs, infant carriers, highchairs, car seats, sleep positioners, and collapsible play yards)
  • Children’s clothing and toys (drawstring hoodies, flammable clothing, action figures, dolls, building sets, tree houses, swing sets)
  • Outdoor recreational products (pools, hot tubs, trampolines, and water slides)
  • Home consumer products (electric blankets, kitchen tools, and appliances)

Theories of Liability

Manufacturers, suppliers, and distributors may be held liable for any harm caused by their products under the legal theories of:
  • Negligence
  • Strict Liability
  • Breach of Warranty
  • Consumer Protection Violations at the state and federal level
When defective product lawsuits are filed in court, the claims may include:
  • Manufacturing defects (defects occur in the manufacturing process and include bad workmanship or the use of cheap or substandard materials)
  • Design defects (defects occur in the design of the product that even if made correctly will still be defective because the design itself is inherently defective)
  • Failure to warn or marketing defect (product, once designed and manufactured, pose a threat to users because the dangers are not obvious and could have been prevented with adequate warnings of potential dangers from use or misuse of the product)
The South Carolina Department of Consumer Affairs, the federal Bureau of Consumer Protection, South Carolina Courts, and Federal U.S. Courts have the legal authority to decide complaints filed by consumers injured by products sold in the state.

Standard of Proof

The success of a personal injury lawsuit will depend on the harm or injury suffered as a result of using a dangerous and defective product. Keep in mind that you may also be injured by a defective design, that may or may not be readily apparent to you. Compensation for your injuries is only possible if you can demonstrate or prove that you were harmed and injured in some way under one of the legal theories mentioned above.

A products liability lawyer will review the facts of your case, understand your injuries, and lay out a plan for success in obtaining compensation for your injuries. This almost always involves finding expert witnesses to testify about the dangerous nature of the defective product. Some of the points your products liability lawyer will help you make include:

  • Under the theory of negligence, you must show that a duty was owed to you, there was a breach of that duty, the breach was the actual cause of your injury, the breach was a proximate cause of your injury, and that you suffered damages, including pain and suffering, medical care and treatment costs, and lost wages, among others.
  • Under the strict liability theory, you must show that the manufacturer’s conduct fell below the standard of care.
  • Under the breach of warranty theory, you must show that statements made by the manufacturer or distributor of the product were false or misleading.
  • Under South Carolina’s consumer protection laws, injured people may file a complaint, including a lawsuit against the manufacturer of the product for deceptive and unfair practices. A product liability attorney will advise you on the appropriate governmental agency, state or federal, with which to file a claim.

Again, with the help of expert witnesses, your personal injury lawyer will help you build a case and pursue the maximum amount of compensation to which you are entitled by law.

A Product Liability Lawyer can Help You Receive Compensation for Your Injuries

Dangerous and defective products can seriously injure and even kill an unsuspecting user. If the item is in your home and being used by a child, the results of an accident involving a dangerous and defective product can be catastrophic. Attorney Hunter W. Morris represents clients during one of their toughest challenges and seeks the maximum compensation for their losses. For a free evaluation of your case, contact our law firm today.