Consider a Product Liability Lawyer in Lexington, SC Who’s Helped 100’s of People Get the Compensation They Deserve.
When you put your trust into a brand, whether for a household item, vehicle, food item or child product, you expect that the product will work as intended and will be safe for consumer use.
When things go wrong, you will undoubtedly have questions; questions that some companies do not want to answer, but you deserve answers and justice.
Defective products or products lacking appropriate safety features can cause serious or sometimes fatal injuries. Yes, some injuries are minor but the more severe the injury, the more it warrants a case.
Filing a Liability Claim for Injuries Caused by Consumer Products
If you want to file a case for product liability due to an injury, several defect categories may apply. You will also have to prove key points in your case in order to show, without a doubt, that negligence was involved in the making of the product.
Types of product defects include:
- Design defect:
- This applies when there was a mistake in the design process that renders the product dangerous when used as intended. Examples include a vehicle that tends to flip around turns, electric blankets that burn or electrocute the user, or a toy that has a design flaw that injures children during normal play.
- Manufacturing defect:
- This defect occurred during the manufacturing process. This could include a food that has a combination of chemicals that becomes toxic, a tainted batch of medicine or food products, or a poorly made table that does not withstand weight when in use. It may also be a toy that breaks during the manufacturing process but was not caught during inspection prior to packaging.
- Marketing defect:
- This applies to labels or warnings that are fraudulent, erroneous or inadequate. These defects may include inadequate warning about a medicine’s effect on children, lack of instructions for a specific product that would render it dangerous, such as complicated tools or mislabeled vehicle tire speculations on a vehicle.
If you or a loved one was injured while using a defective product, reach out to our product liability lawyer in Lexington, SC at J. Bradley Baker LLC. We have over a decade of experience.
What Needs to be Proven in a Product Liability Case?
If you believe a product defect caused you injury, you may have a case.
You will need to prove:
- Breach of Warranty, either specific or implied.
- Negligence, wherein the manufacturer or designer failed to take proper precautions in the design or manufacturing stages of product development, or in labeling. This also may apply to misrepresentation of the product, either by the manufacturer or the retailer.
- Strict liability, which applies to cases where the plaintiff establishes that the product was defective, and no fault is needed to be determined in the distribution chain of the product.
Our Lexington defective product attorneys can help you gather evidence and construct a case that proves what was mentioned above. Call (803) 356-2800 to request a consultation.
What Makes Product Liability Cases Difficult?
Defective product cases seem clear-cut and straightforward because a product caused an injury and the company should be held liable. However, it is not as easy as it may seem.
Below are common challenges when it comes to product liability cases:
- Proving loss — you must be able to show that the product caused an injury or economic loss
- Proving that the product was truly defective — accidents happen and it is not always because of the product
- Retaining evidence — in some cases, the product may be destroyed during the accident
- Difficulty identifying the supplier because of poor documentation
- Corporation or manufacturer denies fault
- Company alleges that you did not use the product as intended
- Company or manufacturer is backed by a team of attorneys who will fight your claim
Let the Baker Law Team Help You!
You do not have to fight this case alone. You need an experienced and compassionate Lexington product liability attorney by your side who will fight for you. Contact our firm to discuss what steps you can take to stop the manufacturer or designer’s negligence and receive the compensation you need.
Call J. Bradley Baker LLC, your Lexington product liability lawyer, for a consultation regarding your product liability case at: (803) 356-2800.