Product liability is a legal theory that allows a consumer who is injured by a defective product to recover damages against any party in the chain of manufacturing. Potentially liable parties in the “chain of manufacturing” include the manufacturer of the product, the manufacturer that assembles a product, the wholesaler who distributes the product, and the retail seller who sells the product to the public.
If you have been injured by a defective product, the attorneys at the Anastopoulo Law Firm can help. Reach out to us today for an initial consultation.
Types of Product Liability Claims
A consumer injured by a defective product may bring a product liability lawsuit against any of the parties in the chain of manufacturing. There are three types of product defects that can support a product liability lawsuit: manufacturing defects, design defects, and defects in marketing. A manufacturing defect is a flaw that occurs during the construction or production of an item and is present in only one or several products. The failure of a car manufacturer to properly install an airbag in a car or several cars is an example of a manufacturing defect.
A design defect is different than a manufacturing defect in that that former defect occurs in the entire product line, as opposed to only one or a few products. As such, every product manufactured will have the same product defect. A design defect is manufactured entirely to the specifications of the manufacturer, but is defective because the design is unreasonably dangerous or inherently defective. For example, a toaster that is likely to electrocute the consumer based on the design of the toaster is an example of a design defect.
Finally, a defect in marketing refers to the failure to provide adequate instructions on how to use a product or the failure to provide adequate warnings of non-obvious dangers. A manufacturer does not need to provide warnings for an ax because the dangers of using an ax are obvious. Nevertheless, if the danger is latent, or non-obvious, then the manufacturer must warn the consumer. For example, if mixing two drugs together is dangerous or if taking a drug is not safe for certain type of people then the manufacturer must provide adequate warnings.
Product Liability Legal Theories
To establish that a party in the chain of manufacturing is liable in a product liability claim, there are several different legal theories that a product liability may be brought under. These include strict liability, negligence, breach of warranty, and misrepresentation. Under strict liability, all that one needs to establish against the manufacturer is that the product was defective and that the consumer suffered an injury as a result. Conversely, under a negligence theory, the consumer must go one step further. The consumer must establish that the manufacturer failed to use reasonable care in designing or manufacturing the product.
A breach of warranty claim is premised on the theory that a product did not work as the manufacturer promised. On the other hand, misrepresentation refers to the manufacturer hiding, concealing, or misleading a consumer to believe that a product is safe. An experienced South Carolina product liability attorney can help investigate your case and help you understand your legal rights.
Injured by a Defective Product? Contact Anastopoulo Law Firm’s Product Liability Attorneys for Help
If you have been injured by a defective product, Anastopoulo Law Firm’s product liability attorneys can help you recover compensation for your injuries. Our South Carolina product liability attorneys have experience prosecuting a variety of product liability claims and helping victims protect their rights. Call Anastopoulo Law Firm at 1-(800)313-AKIM(2546) today to find out how we can help you.