When a Defective Product Causes Injury: How Product Liability Claims Work
When a product causes injury due to a defect, the impact can be devastating. Injuries from faulty products range from minor inconveniences to severe, life-altering harm. In South Carolina, victims harmed by defective products may have the right to pursue compensation through product liability claims.
Understanding how these personal injury claims work is crucial if you or a loved one has suffered due to a dangerous or defective product. It’s important to understand the legal steps involved in holding manufacturers, distributors, or retailers responsible for their role in causing injury. At Floyd & Spangler, Attorneys at Law, we understand how life can change in an instant when a defective product causes injury.
Serving clients in Lexington, South Carolina; Columbia, South Carolina; West Columbia, South Carolina; Cayce, South Carolina; Richland County, South Carolina; and throughout South Carolina, we’re committed to helping injured individuals hold negligent manufacturers and sellers accountable.
We know that pursuing a product liability claim can feel overwhelming, but with the right guidance, you can take meaningful steps to protect your rights and seek compensation for your losses.
Here, we’ll discuss the basics of product liability claims, types of defects, who can be held liable, and what evidence is needed to support a case. Our goal is to provide clear information so those affected can make informed decisions about protecting their rights.
What Is a Product Liability Claim?
A product liability claim arises when a person is injured by a product that’s defective or dangerous. Unlike some other personal injury cases, product liability focuses specifically on injuries caused by products that are unsafe for their intended use or have design flaws.
In South Carolina, product liability claims may be based on several legal theories, including negligence, strict liability, or breach of warranty. Each theory has different requirements, but all aim to establish that the product was responsible for the injury and that the injured party is entitled to compensation.
The injured party doesn’t need to prove negligence in every product liability claim. For example, under strict liability, the manufacturer can be held responsible even if they exercised reasonable care in making the product. This legal approach holds companies accountable for putting unsafe products into the hands of consumers.
Types of Defects That Can Lead to Injury
Understanding the nature of the defect is key to building a strong product liability case. Defects generally fall into three categories:
Design defects: A design defect means the product was unreasonably dangerous from the start because of the way it was designed. Even if made perfectly, the design itself poses risks to users.
Manufacturing defects: Manufacturing defects occur when the product deviates from its intended design during production. A product might be flawed due to poor assembly, faulty materials, or quality control failures.
Marketing defects (failure to warn): Marketing defects happen when a product lacks adequate instructions or warnings about potential risks. If a manufacturer fails to provide proper warnings or directions, consumers may be injured without knowing the dangers involved.
Each type of defect may require different evidence and strategies when pursuing a claim. It’s important to identify which category the defect falls into early on, as this shapes the legal approach and helps determine liability. Gathering the right documentation, expert opinions, and testimonies specific to the defect can significantly impact the strength of your case.
Who Can Be Held Responsible?
Product liability claims can involve multiple parties involved in the product's life cycle, including:
Manufacturers: The company that designed or made the product.
Distributors and wholesalers: Businesses that handle the product before it reaches retail stores.
Retailers: The stores or outlets that sell the product to consumers.
Component part makers: Manufacturers of parts used in larger products.
Under South Carolina law, any party involved in putting the defective product into the marketplace may be held liable. The injured person may pursue claims against one or several of these entities, depending on their role and the evidence available.
It’s important to identify all potentially responsible parties early in the claim process, as liability can be shared among multiple entities. Thorough investigation and legal strategy help determine who bears responsibility and strengthen the case for compensation.
What Evidence Is Needed to Prove a Product Liability Claim?
Collecting and preserving evidence is crucial for any personal injury claim related to a defective product. The following are key types of evidence often needed:
The defective product itself or samples of it
Photos or videos of the product and the injury
Medical records documenting the injury and treatment
Receipts or proof of purchase showing when and where the product was bought
Expert testimony from engineers, medical professionals, or safety experts
Records of product recalls, warnings, or prior complaints
Witness statements from anyone who saw the injury or can speak to the product’s condition
A clear and organized presentation of this evidence can support establishing that the product was defective and caused the injury. Maintaining the product in its original condition, when possible, is especially important to preserve its value as evidence. Prompt collection of documentation helps prevent disputes over the product’s condition or the extent of the injury.
Steps to Take After an Injury from a Defective Product
If you suffer harm due to a defective product, the following actions can help protect your rights and build a stronger claim:
Seek medical attention: Your health is the top priority. Get prompt medical care and keep detailed records of all treatments.
Preserve the product: Keep the defective product in its original condition, including any packaging, labels, or instructions.
Document the incident: Take photos of the product, the injury, and the location where the injury happened. Record details about the incident while memories are fresh.
Save receipts and warranties: Keep proof of purchase and any warranties or user manuals that came with the product.
Avoid disposing of evidence: Don’t throw away or repair the product before consulting a legal professional.
Report the injury: Inform the retailer or manufacturer about the injury if possible, and keep a record of this communication.
Consult an attorney: Early legal advice can help gather necessary evidence and identify responsible parties.
What to Know About Compensation in Product Liability Cases
Damages in product liability claims are intended to cover the losses caused by the injury. Common types of compensation sought include:
Medical expenses related to injury treatment
Lost wages due to inability to work
Pain and suffering or emotional distress
Property damage related to the defective product
Future medical care or rehabilitation costs
Loss of earning capacity if the injury affects long-term income
In South Carolina, damages may be reduced if the injured party is found partially responsible for the accident. However, thorough evidence can help reduce the impact of comparative fault.
Contact Us Today
At Floyd & Spangler, Attorneys at Law, we recognize the serious impact a defective product injury can have on your life. Serving clients in Lexington, South Carolina; Columbia, South Carolina; West Columbia, South Carolina; Cayce, South Carolina; Richland County, South Carolina; and throughout South Carolina, we’re dedicated to helping you build a strong product liability claim and pursue the compensation you need to move forward. If you or a loved one has been harmed by a faulty product, don’t hesitate to reach out. Contact us today to schedule a consultation, and let us help you protect your rights and seek the justice you’re entitled to.
