You have a valid claim for compensatory damages if you are hurt due to a dangerous product. For example, you can buy a product and use it based on the instructions. If the product causes you any harm, you can sue the manufacturer as part of a product liability lawsuit.
At Shelly Leeke Law Firm, we can review your product liability claim at any time. Reach out to a product liability attorney from our law firm today. When you do, we can help you decide if now is the right time to sue one or more at-fault parties due to a defective product.
How Product Liability Is Defined in South Carolina
A product manufacturer or seller is responsible for providing safe items. However, there can be times when a manufacturer or seller makes a mistake, resulting in defective products reaching consumers. If a consumer buys a faulty product and is hurt by it, this individual can seek damages in a product liability lawsuit.
South Carolina has a law in place relating to product liability. State law indicates a product manufacturer, seller, or designer can be held responsible for injury or death due to a faulty product. If a product manufacturer, seller, or designer violates this law, they can be held financially responsible for any harm that they cause.
A product liability lawyer can help you identify any at-fault parties so you can pursue damages from them in a product liability case. The lawyer takes as much time as needed to review your claim. If you have a legitimate claim, the attorney will make sure your lawsuit is filed in alignment with South Carolina’s statute of limitations.
How Much Time You Have to File a Product Liability Lawsuit in South Carolina
There is a three-year statute of limitations for personal injury cases in South Carolina. If you suffer an injury due to a defective product in South Carolina, you have up to three years to file your lawsuit. Those who do not file their lawsuit in accordance with South Carolina’s statute of limitations lose the opportunity to do so at a later time.
If you suffer an injury as a result of a faulty product, it is in your best interests to consult with a product liability lawyer right away. The lawyer can answer any questions you have regarding product liability cases. Plus, the attorney can help you determine how much to request in damages in your product liability lawsuit.
You can request economic and non-economic damages in a product liability case. Economic damages relate to lost wages, medical bills, and other objective losses you have incurred due to your injury. Non-economic damages can be awarded for pain, suffering, and other subjective losses.
What It Takes to Resolve a Product Liability Case
It is your responsibility to present compelling evidence to support your request for damages in your product liability case. To do so, you may need to show any of the following:
- There was a breach of an implied warranty. If you use a product for its intended purpose but suffer an injury, you may be able to show that the manufacturer breached the implied warranty associated with the product.
- There was a breach of an express warranty. A product manufacturer may fail to live up to the warranty it offers, which can serve as the basis for a product liability lawsuit.
- The product’s design was faulty. A product that has an unsafe design can inadvertently reach consumers, cause injuries, and result in product liability claims.
- There were no warnings about the product. If a product manufacturer does not provide instructions and warnings to indicate how to use a product correctly, it can be held accountable for any injuries that occur.
You can use the defective product itself, photos, videos, and other evidence in your product liability lawsuit. Each piece of evidence can be used to compel a judge or jury to rule in your favor. It may also drive the defendant in your case to present a settlement offer.
If you receive a settlement in your product liability case, you have the option to accept, reject, or counter it. You should only approve a settlement proposal if you feel it lines up with your best interests. Otherwise, you and your attorney can continue to look for ways to strengthen your case and prepare for your trial date.
How Much Damages You Can Receive in a Product Liability Lawsuit
A product liability lawyer encourages their client to pursue the most damages possible. There are no restrictions on the economic and non-economic damages you can request in a personal injury lawsuit in South Carolina. Your attorney can look at the costs you have incurred as a result of a defective product and ensure you request a reasonable amount in your lawsuit.
If your product liability case goes to trial, a judge or jury determines how much compensation you will receive. A judge or jury reviews the facts of the case and the evidence provided by both you and the defendant. Then, a decision is made on whether you are awarded full or partial damages or no damages at all.
In the best-case scenario, a judge or jury will find the defendant is 100% responsible for your injury. The judge or jury will award you full damages in this scenario. Yet, if you are found partly responsible for your injury, the judge or jury reduces the damages you are awarded based on your percentage of fault.
When to Hire a Product Liability Lawyer
If you believe you have a strong case for a product liability lawsuit, meet with an attorney. You can provide the lawyer with details about your case. The attorney can share their concerns and questions with you and help you decide the best course of action.
As you evaluate your legal options, it is important to consult with a product liability attorney that:
- Values client relationships
- Has plenty of experience with product liability cases
- Stays in constant contact with clients
Shelly Leeke Law Firm can put you in touch with a product liability attorney from our team. For more information or to request a free consultation, please contact us today.
