Product manufacturers have a legal duty to ensure that their products on the market are safe and effective for the public to use. If you or a loved one have been harmed by a defective or dangerous product, you may have the right to hold the manufacturer liable for your damages.
A Charleston product liability lawyer at Roden Law is ready to review your situation during a free initial consultation. Our firm has years of combined legal experience recovering millions in compensation for our clients. Our founding partner Eric Roden is a member of The National Trial Lawyers Association: Top 40 Under 40.
There is no risk or obligation involved after meeting with a member of our legal team. We also work on a contingency fee basis, so there are no upfront fees if we represent you. We only get paid our fees when your case concludes, and only if you get paid.
Roden Law. A Firm You Can Trust. Ph: 1-844-RESULTS
Am I Eligible to Pursue Compensation?
Product liability cases are complex and involve many factors. We recommend that you seek counsel from an experienced lawyer to see if you have grounds to take legal action.
Generally, product liability cases fall under one of two categories – negligence or strict liability.
To prove negligence resulted in your injury, we will need to establish these four elements:
- Duty of care – First, it is important to establish if the manufacturer owed you a legal duty to make or distribute a safe and reliable product, free from hazards.
- Breach of duty of care – The product manufacturer must have failed to uphold his or her legal duty by constructing or selling a product that caused harm to others.
- Causation – Next, we must prove that the manufacturer’s negligence was the direct cause for you suffering an injury.
- Damages – You must have also suffered damages from the product’s defect. This could either be in the form of financial losses like medical expenses, loss of wages or the physical pain and suffering you endured.
It may be difficult to prove these elements without having supportive evidence. If you have a valid claim, our legal team is ready to investigate to help build a strong case on your behalf.
In a strict liability case, the victim does not have to prove the manufacturer was negligent. He or she must show that the product had a defect and that defect caused him or her harm.
This may include, but is not limited to, proving the following:
- The manufacturer, designer, or distributor sold the product in an irrationally hazardous condition.
- The dangerous condition existed at the time the product left the manufacturer, designer or distributor’s control.
- The product’s hazardous condition was the direct link to the victim suffering an injury.
If you have any questions regarding the type of case you may have, it may be in your best interest to contact a licensed Charleston product liability lawyer to learn more about your available legal options.
We are available by phone 24/7. Call: 1-844-RESULTS today
Types of Product Defects
Any product that presents a danger to the consumer may be inherently defective. In other words, this means that the product never functioned as it was intended or marketed. To determine that a product is defective, your lawyer may review three important factors:
- Manufacturing defect – This means that the product’s flaw was created during the manufacturing process.
- Design defect – The product’s defect is the result of a flaw in the design of the product – before the manufacturing process.
- Marketing defect –This happens when a product was poorly marketed by either failing to provide proper instructions on how the product was meant to be consumed or by failing to properly warn consumers of its potential dangers or risks.
What is the Value of My Case?
If you are wondering how much compensation you may be able to pursue, it is important to obtain this information from a lawyer who has experience negotiating the value of these cases.
Generally, you may be eligible to pursue economic and noneconomic damages:
Economic damages include all of the financial losses experienced due to the product’s defect. It is easier to prove these losses with receipts and other documentation and may include:
- Hospital stays and emergency services
- Ongoing medical care to aid in recovery
- Travel costs to/from doctor appointments
- Rehabilitation or physical therapy
- Prescription medications to ease pain
- Loss if income from an inability to work
These losses typically cover the emotional trauma you may have experienced because of the state the defective product left you in and may include:
- Physical pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Diminished quality of life
Do I Have a Time Limit to Pursue Compensation?
In South Carolina, product liability cases fall under the jurisdiction of personal injuries. According to the statute of limitations, victims of these kinds of cases generally have three years to make a claim. This three-year period begins from the date the injury occurred.
Claims that are not filed within this time frame may be prohibited from taking further legal action, in which case the victim will not be allowed to pursue compensation.
However, since each case is unique, it is important that you speak with a legal representative as soon as possible to find out if you may still be able to file a claim, even if three years has passed.
How Can Roden Law Help My Case?
Having an experienced lawyer is highly beneficial in a product liability case. It gives our clients the opportunity to focus on their health and recover from their injuries. If we establish that you have a case, we are ready to handle the following tasks on your behalf:
- Investigating your claim – We know how to build a strong case and are ready to investigate the accident and collect supportive evidence that connects your injury to the product’s defect. We may consult with expert witnesses to support your claim.
- Determine liability – We are ready to evaluate your situation to help determine who may be at-fault for your injury. There could be more than one individual or entity.
- Determine value of your claim – We know the many factors that go into assessing an accurate value for damages. You do not want to settle for less than your case is worth.
- Negotiate for fair value of your claim – We are experienced negotiators and understand the tactics insurance companies may try to use to devalue or deny claims. We know how to combat these issues and will fight for the full value of your claim.
Free Initial Consultation. No Upfront Fees. Ph: 1-844-RESULTS
Common Examples of Product Defects
Our Charleston product liability lawyers are ready to handle defective product cases involving:
- Medical devices
- Children’s toys
- Auto parts
- Recreational vehicles
- Pharmaceutical drugs
- Cleaning products
- Industrial equipment
- Household products
Reach Out to a Charleston Product Liability Lawyer to Get Started
Product liability cases can be quite complex and may involve many parties. If you have a case, a lawyer at Roden Law Firm is prepared to guide you through the entire legal process and answer any questions you may have. Contact us anytime, day or night, to schedule a free consultation.
You are under no obligation to hire our firm, but if you do, we do not charge any upfront fees for our services. Our firm only receives payment if we are able to obtain compensation for you.