Product Liability Litigation
About product liability
While the laws regarding product liability vary by state, there is generally a common subject matter that they all cover. The statutes basically require that all parties involved in bringing a product to market are responsible for the health and well-being of the consumers who use their goods.
Newer laws have made sure the manufacturer, not the purchaser, is held to a higher standard of care. People who may be liable to ensure the safety of merchandise include but are not limited to:
- Retailers
- Distributors
- Suppliers
- Manufacturers
Common cases of product liability
To determine a viable case for product liability litigation, there are certain issues that must be addressed. An accomplished product liability lawyer will be best suited to consult in order to find out if you have a practicable complaint. In South Carolina, Jekel-Doolittle, LLC, is made up of these capable attorneys.
To prove product liability, it must be decided that the merchandise in question, be it a car or a prescription drug, was defective. This means that it had a flaw in the design, manufacturing or marketing that caused harm. Even when the injury is unintentional, a product liability lawsuit may effectively prevent others from being harmed by bringing the defect to people’s attention.
Several instances where a manufacturer or other party may be responsible for damages are:
Cases of breached warranties
A warranty is a guarantee made by a seller. This can be either expressly stated in writing or implied. An implied warranty means that the product is reasonably safe to use for a specific purpose. Many times an implied warranty is an assurance that all reasonable expectations will be met safely, unless they are openly disclaimed as unsafe.
If the most realistic of potential uses for a certain item are not safe, the manufacturer has breached their pledge to the consumer. Should a medication prove to be unsafe, even when properly used, its producers have failed their customers.
Cases of negligence
In cases of negligence, there are a number of conditions that must be assumed.
One is that there is a party responsible for ensuring the safety of another who uses their product. This may mean a doctor, manufacturer, or retailer who is obligated to warn a consumer of any possible danger.
The second is that the duty was not met by the responsible person or persons. This may be a failure to inform a customer, or allowing the manufacturing of a product to continue even when it is deemed dangerous.
The third is that an injury occurred. The possible harm caused by a product’s failure can range from a small hurt to death. Each instance should be reported and dealt with appropriately.
The fourth condition usually present in cases of neglect is that the injury was directly caused by a party’s failure to take the steps required of him or her. This disregard for the safety of consumer’s can have life-altering consequences and should be brought to the attention of a professional legal representative without delay.
Cases of strict liability
There are certain instances where, even if a manufacturer is not negligent, they may still be held responsible. This is because they are responsible for bringing a product to market and if that product is defective, they should have been aware of it.
New merchandise is frequently put through rigorous tests in order to determine its level of safety. This is done to ensure the highest quality merchandise is making it to consumers. When flawed products are allowed to be manufactured and sold, people must be responsible for the injuries they can cause.
Cases of consumer protection
In a lot of states, there are laws in place that dictate how consumers must be protected by product manufacturers. These statutes vary by the state, but they usually offer specific remedies for a variety of possible defects.
To determine the laws in your state, contact a local products liability attorney. For products liability law in South Carolina, Jekel-Doolittle, LLC, is a wealth of knowledge.
Contact Jekel-Doolittle, LLC
Almost all cases of product liability litigation carry a statute of limitations. Contact Jekel-Doolittle, LLC, by calling us at (843)654-7700 or email us.
