Every manufacturer is required to make sure their products are safe to use before offering them for sale. When a business fails to fulfill this critical responsibility, consumers may experience debilitating, life-changing injuries. Fortunately, in certain cases the law of product liability allows victims harmed by defective items to hold those who put unsafe products in the marketplace accountable. Here are the answers to some common questions you may have about these lawsuits.

What You Should Know About Product Liability Suits

What is a defective product?

Many product defects are due to poor design, such as a deep fryer that doesn’t properly protect users from splattering grease. Others, however, are related to the manufacturing process, often due to producers substituting lower-quality materials in an effort to cut costs and increase their profit. Product liability law also allows consumers to file a claim due to false or misleading advertising or a failure to include adequate safety labels and instructions.

Who is liable for injuries caused by a defective product?

It is reasonable to assume the manufacturer should be responsible for injuries caused by its defective products, but other parties may also be held liable for your losses. For instance, you may have a claim against the company that designed the product, or produced the advertising or the specific retailer who sold the item.

How do you prove liability?

Manufacturers are held to a strict liability standard, which means you may successfully file a claim even without proof of reckless or malicious action. Under product liability law, the presence of a dangerous defect is, by itself, generally considered proof of negligence.

What damages can I pursue after a defective product injury?

Damages typically recovered in a personal injury claim include payments for your past and future medical expenses, in addition to lost wages, missed financial opportunities, and other losses. Depending on the circumstances, your attorney may also seek compensation for your pain and suffering, trauma, and other non-economic damages. In South Carolina and many other states, you may also be entitled to punitive damages, which are intended to punish companies in the instances where the company has been willfully and wanton negligent.

From their offices in Lexington, SC, the Law Offices of Adrian L. Falgione LLC proudly provides aggressive representation to accident victims throughout the Midlands area. With their extensive background in product liability law, they have the skills and resources to hold negligent companies responsible for the injuries they cause. Visit their website to learn more about their legal services or schedule a consultation by calling (803) 957-6543.