No one expects to be injured by the products they interact with every day. If you’re one of the many Americans who have suffered harm from a defective or dangerous product, you may feel betrayed and angry at the company whose actions led to your injuries, and with good reason.
When you purchase a product, you should be able to use it with the confidence that it’s been designed, manufactured, and marketed honestly and with your safety in mind. When companies fail to live up to their obligations at any step of the production process, it can lead to tragic consequences for the consumer — and to a product liability lawsuit.
The Three Elements of a Product Liability Claim
Product liability claims hinge on three key elements that determine whether you can receive compensation for your injuries. Those elements include the following:
1. You were injured or suffered losses. The term “damages” refers to the monetary compensation paid to an injury victim in a product liability lawsuit. Damages are based on the amount of loss and injury a person has suffered.
If you suffered severe injuries accompanied by extensive medical bills and other documentation, then your case would involve a large amount in potential damages. Meanwhile, if you were exposed to potential harm by a defective product but didn’t suffer injuries, you would probably (and understandably) experience outrage, but your case wouldn’t involve substantial damages.
2. The product was defective and caused your injuries. To have a valid product liability claim, the product that injured you must have had a hazardous defect — either in its design, its manufacturing, or its marketing — that someone who handled the product should have known about and corrected. In addition, this defect must have caused the injuries you suffered.
3. You were using the product as intended. To have a valid product liability claim, you must be using the product in its manufactured condition and for its intended purpose. If you’ve made do-it-yourself modifications to the product or if you’re using it for an unintended purpose, you probably do not have a valid claim.
Product liability cases often involve products such as:
- Prescription drugs
- Medical devices
- Truck gas tanks
- Cars, motorcycles, and other vehicles’ parts
- Tools and appliances
- Electrical boxes
- Children’s toys or safety equipment
Since dangerous defects can be introduced at any point in a product’s journey — design, manufacturing, or even marketing and packaging — product liability claims can be complex, and it may not be easy to figure out who exactly is responsible when a defective product injures you or a loved one. This is one of the many reasons why you should contact an experienced product liability lawyer right away if you or a family member have been seriously injured by a dangerous or defective consumer product.
Contact David L. Hood If You’ve Been Hurt by a Defective Product in South Carolina
If you feel you have a product liability claim, contact the Law Offices of David L. Hood right away so we can begin investigating your case and uncovering any negligent behavior that led to your injuries. We handle all cases on a contingent fee basis, which means you pay nothing unless we win your case or negotiate a successful settlement on your behalf.* We (along with co-counsel) have years of experience investigating defective products and holding the companies who create them accountable, and we’ll listen to your story and explore every legal path available to get justice and compensation for the losses you've suffered.
To schedule your free consultation, call us at (843) 491-6025 or fill out our brief online contact form.
*Clients are not liable for any expenses, unless there is a recovery in their case; however, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.